Certificate of Birth Abroad (U.S. citizen parent)

Diazo Serial expat

948POSTS

9 years ago

Question for any of you who may have had a child with a Vietnamese citizen and filed for a CoBA. Was there an interview process that you had to go through when you appeared before the embassy staff?My wife wants to postpone for five years getting my infants sons certificate so she has time to prep for this interview. What on earth kind of preparation can one do?

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THIGV ViP

4427POSTS

9 years ago

I think your testimonial will be more important than hers. Of course the dates have to line up. Obviously, it won't work if your passport says that you arrived in Vietnam only six months ago.

Just kidding.

Given the right documentation you can wait right up to the 18th birthday but the State Dept. recommends against delay. Also citizenship is immediate and you can apply for a passport for the child at the same time. However, I think you indicated elsewhere that may be a sensitive issue. You can apply for the passport later or after becoming an adult, the child may apply for a passport any time using the CRBA as evidence of citizenship.

https://travel.state.gov/content/passpo … birth.html

Diazo Serial expat

948POSTS

9 years ago

THIGV
Yes, that is my understanding as well in regards to what can be done e.g. citizenship, passport SSN.
But other than marrying up your documents, proof of valid marriage photo ID's etc IS THERE AN INTERVIEW? My wife thinks there will be a long and involved interview with questions she may not be able to answer. Obviously there will be no problem providing evidence of a valid marriage, length of stay in VN, hospital records, lab reports of mom and baby, photos of birth yada yada. But she thinks it is much like the inquiry to get a visa to immigrate to America. I don't think it is.
As I understand the CoBA it is only the equivalent of a birth certificate. At this time that is all I want to get, sans his social security number. I would like to assuage her fears that I am going to steal the baby and return to America which is what she thinks. I just do not want to deny my son his birth right of having the opportunity if he wishes at some point in the future or her for that matter to apply for a Certificate of Citizenship. Which as I understand it is a completely different process and can be done at anytime once he has his CoBA. Ditto for a passport. He can not get a passport with out getting citizenship and w/o passport no one can enter the USA no matter what their age. So she should not fear I will steal the baby. At least that is my viewpoint. But back to my question and the point of the post...is there an interview any legit applicant would fail due to the questions asked. Yes, all my documents are in order and I can easily prove my entry dates to Vietnam, my lease contracts while here, my house book etc. There is ample proof that we made all the prenatal visits and the hospital records of the stay for the c-section, shot records since birth etc. Heck I have even thought of providing DNA results. But no sane person could deny he is mine. He has no Asian feature and looks just like me.

THIGV ViP

4427POSTS

9 years ago

Diazo wrote:
IS THERE AN INTERVIEW? My wife thinks there will be a long and involved interview with questions she may not be able to answer.

Probably Kooler42 would be better able to answer that question. My impression is that if there is an interview, it is minimal and that your responses would be more important than hers. Although the website refers to "parents" plural, I see no evidence that you couldn't just haul all the documents there yourself but you might want to just go to the Consular Services office and ask first. To actually make the application, you need to make an appointment: https://vn.usembassy.gov/u-s-citizen-services/birth/ If you follow the links there, it will lead to a checklist. I didn't dig too deep but I am still not sure your wife even needs to attend. There is even a provision for children born out-of-wedlock, a rather archaic term.

Even if there is a brief interview, you can assure her that just like the immigration interviews, it is a human contact based form of lie detector test. If you tell the truth or even "I don't know," then there is nothing to fear. Too many Vietnamese get tied up by bad advice from lawyers and various immigration counselors that they must memorize canned answers, which of course the interviewers recognize.

Diazo wrote:
As I understand the CoBA it is only the equivalent of a birth certificate. At this time that is all I want to get, sans his social security number. I would like to assuage her fears that I am going to steal the baby and return to America which is what she thinks. I just do not want to deny my son his birth right of having the opportunity if he wishes at some point in the future or her for that matter to apply for a Certificate of Citizenship. Which as I understand it is a completely different process and can be done at anytime once he has his CoBA.

Did you follow the link that I posted above? It fairly clearly states that "According to U.S. law, a CRBA is proof of U.S. citizenship[emphasis mine] and may be used to obtain a U.S. passport and register for school, among other purposes." It is not "only the equivalent of a birth certificate." It is a birth certificate and it proves US citizenship just as a birth certificate from an one of the 50 states would prove citizenship. A Certificate of Citizenship is what immigrants get when they obtain US citizenship so it does not apply to your child. He is a US citizen as soon as you document that fact.

A friend of mine who worked for the Peace Corps administration in the early 70's showed his daughter's to me once and told me that it was her only birth certificate. As she is currently a lawyer and member of the Hawaii Bar, I expect she is a citizen. It was a rather ornate document with entries in a calligraphic form but it seems the new forms are computer generated. If you lose it, you can even apply for a copy.

Diazo wrote:
Heck I have even thought of providing DNA results. But no sane person could deny he is mine. He has no Asian feature and looks just like me.

I doubt that will be necessary. In fact I saw no mention about any need to bring the infant to the Consulate.

THIGV ViP

4427POSTS

9 years ago

By the way, one thing you may need is proof not only of your own US citizenship but also of residence. There is a list of documents. I don't know if you can simply use your birth certificate but I think you need to provide proof of adult residence. Better to ask them first.

Interestingly, if your son did become a US citizen through the CRBA, he could not pass that citizenship on to his own children unless he resided in the US for at least a brief time.

Diazo Serial expat

948POSTS

9 years ago

THIGV,
Yes I have read the link many many times. Indeed it does emphatically say that it is NOT a birth certificate, but is recognized in the USA just as a birth certificate would be. no where in the world can you get a birth certificate issued and less you entered this world on or over the soil of that country. Give birth on a plane when fly from China on vacation and your are entitled to a U.S. birth certificate. Same everywhere. But a minor point.
While you are not incorrect, there is a requirement for a child born abroad of a US citizen who does not get a CBRA to apply for a Certificate of Citizenship. And that was what I was referring to.
My concern is my wife does not want to cooperate in order to get my son his birth right via a CBRA. I too believe that it can be done by me alone. The app even asks if one is divorced or deceased. Have inquired with the Embassy but no help yet, also the State Department. I think you must bring the child to the Embassy at your appointment. It implies that on the app. But I doubt she will let me take hime to the Embassy. Just trying to figure out a way to get him his birth right before I die.
Why on earth she would want to take a chance that she/he could not draw my surviving children SS benefits is beyond me. That alone would be a hefty monthly income for many here. But it is what it is. In the final analysis there is certainly no benefit to me for him to have citizenship anywhere

Diazo Serial expat

948POSTS

9 years ago

THIGV,
I agree, I re-read the checklist and it never mentions that the child must be present. So I do believe I can apply myself. However I can not get his SSN without a passport. And I do not want to apply for a passport because that is my wife hang up. She thinks if he has one I can abscond with the baby. I just want my son and his mother to have access to the proof of his birth right before I hit the airport and am out of here.

THIGV ViP

4427POSTS

9 years ago

Perhaps you could convince her by reminding her that if he gets a CRBA and later a passport, he can go to the US after he is 18 and petition her for immigration even after you are long gone, whether physically or, as you seem to be anticipating, through mortality. That should get her attention. He would have to go to the US first, again because the petitioner must be a resident as well as a citizen but you don't have to tell her that now.

You don't need a SS# for him right away unless he wants to move to the US or you die and she wants him to have benefits. In that case she may be at the consulate before you are even cold.

One step at a time. Getting citizenship after you are dead or after he is 18 would rely on what is called a Possible Derivative Claim to U.S. Citizenship, but the process is reputedly a lot more difficult. Even the title implies that it is certainly not a sure thing.

Diazo Serial expat

948POSTS

9 years ago

#10

THIGV,
Yes, I agree. I have no real concerns with any of it than doing my parental responsibility, and I consider it a duty, to protect his right to his birth rights as the son of an American citizen. Personally if I were the mother I would consider myself negligent, or down right stupid to lose the possibility to claim my SS survivors benefits for her son. To me that is inexcusable behavior. Yes, while alive we both have to sign for the passport app, and indeed he would have a passport (albeit for only 5 years), but she could have it mailed to her house and I never see it. Same for the SSN. The good news everything is progressing very well for me to be able to get his CRBA. What they do with it once it arrives in their mailbox is none of my concern. I have done my best as a father.