Vietnamese Birth Certificate and Nationality for My Son

https://vn.usembassy.gov/u-s-citizen-services/birth/

Based on your other post about your son's Vietnamese birth certificate, it appears that you recently became a naturalized U.S. citizen.  Unfortunately, a lot of people have the belief that any child of a U.S. citizen is automatically a U.S. citizen, even if born outside the USA.  That is not correct.

In order for a child born to a U.S. citizen outside the the United States, the U.S. citizen parent must meet specific requirements and one that may be an issue in your case, you need to look at the law and make sure you meet the time requirements for living in the USA.   

https://www.uscis.gov/policy-manual/vol … -chapter-1

Would you please be more specific? I read the link you posted but I did not see any problems.

301 (g)
One parent is a U.S. citizen; other parent is an alien

U.S. citizen parent was physically present in United States or its outlying possessions for at least 5 years (2 after age 14) prior to child's birth.

vndreamer:  You are correct to point out that the qualification is not automatic but In order to become a naturalized citizen, a person not married to a US citizen must reside in the US for 5 years.  As such I would guess that Khainguyen745 must meet the criteria.  Of course he can judge that for himself.

It is also worth noting that the State Dept. specifies that the CRBA is not a birth certificate.  You must get that from the government of Vietnam.  This has been covered in another thread.

Hello, thank you for posting! I am aware of the section 301, and I have been in the U.S. for the last six years. I think my case is okay if thats the requirement

Khainguyen745 wrote:

Hello, thank you for posting! I am aware of the section 301, and I have been in the U.S. for the last six years. I think my case is okay if thats the requirement

You should make an appointment at the U.S. Embassy to confirm you meet all the requirements.  Read the fine print as it requires you live (physically present) in the USA for at least 5 years "PRIOR TO BIRTH"  of your son.  In addition, it might require that you be a U.S. citizen for those 5 years and you need clarification of what qualifies as being "physically present" in the USA.  A Consular at the Embassy can help you confirm you, your wife and son meet all the requirements.

I found this which explains what qualifies as "physically present" for section 301.  If you traveled outside the USA (e.g., vacation to Vietnam), your time outside the USA is not counted as being physically in the USA, unless you meet an exception.

https://www.uscis.gov/policy-manual/vol … -chapter-3

vndreamer is correct, you are so close to the minimum limit you need to meet with the embassy to ensure all requirements are met.  It will be crystal clear then.

In order for Khai's son to be a US citizen, he must have been a US citizen prior to his child's birth and had lived in the US for at least 5 years prior to the birth.

He does not need to have been a US citizen for all 5 years.  He could have been a green card holder for most of that time and a US citizen for 1 day.