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I, a US citizen, married my wife, from EU country (not Britain), in the US. We live in the US while my wife finishes school (2-3 years) on an F1 visa and then plan to move to back to the EU. My wife will give birth to our child in the US, but I would like to not register my child as a US citizen.

US citizenship has a lot of benefits, but those come with added responsibility. I want that to be my child's choice.

Can I choose to not register my child as a US citizen? Can I register them with an 18yoa deadline for them to choose citizenship?

anon
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3 Answers3

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Can I choose to not register my child as a US citizen?

No. Your child will be a US citizen regardless of whether you register anything, and (unless you have spent less than 5 years in the US, or less than 2 years after you turned 14) regardless of the place of birth, because (in that case) even if the child is born outside the US he or she will be a US citizen under 8 USC 1401(g).

Can I register them with an 18yoa deadline for them to choose citizenship?

No. Your child probably (depending on your wife's citizenship, and assuming birth in the US) will be a dual citizen from birth without the need or the ability to choose. On turning 18, the child will be able to renounce either citizenship, but will not be required to renounce US citizenship and will probably not be required to renounce the other citizenship either.

(I am not familiar with all EU countries' citizenship laws, so the law of that country might have a requirement to choose, but there is no such requirement in the countries whose laws I am familiar with. If the other country is the Netherlands, the child will risk losing Dutch citizenship on turning 28 unless he or she takes steps to avoid that or unless the law changes.)

As pointed out in a comment on Putvi's answer, if you successfully avoid letting the US know about your child's birth, you would be in the awkward position of needing to get a visa for the child if you ever want the child to leave and reenter the country. Otherwise, the child would be an illegal alien in the eyes of the US (this assumes you've managed to hide the child's place of birth). There is no process available to get visas in the US for (non-diplomatic) children born in the US, of course, because such children are citizens of the US.

phoog
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You don't really register if you are born here. If you are born in the U.S. you are a citizen.

Putvi
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US citizenship is automatic. Documentation is also automatic if you birth inside the system.

Birthing outside the system in order to not create documents won't work. You won't be allowed to travel without documents. So there would be no way to transport the child elsewhere in order to coin citizenship there, except in the mother's womb. And even that would not prevent automatic US citizenship if a parent is an active US citizen.

Harper - Reinstate Monica
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