how does it work with your baby born in dominican republic

davoucci19

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how does it work with your baby born in dominican republic hello everyone I am 7weeks pregnant and me and my husband are both americans I was raised in dominican republic my husband and I want to have the baby born in dominican republic but we are ont sure how it would work as far as the passport and how long before I have to wait to leave and come back to the states, and how does the passport work will it be domincan passport or american with place of birth in domican republic? ;)
 

Dolores1

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Unless you have Dominican nationality, or are a legal resident, by law your baby will only be an American. You would have to apply for the US passport at the US Consulate in Santo Domingo once the baby is born.
 

MrMike

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You will also need to prove 1 parent lived in the states for at least 5 years in order to get citizenship for your child. This is not the easiest thing to do, but for most it is doable, Definitely a hassle.

I for one had a very unorthodox life, home-schooled self employed, so it will be nearly impossible for me but I am trying anyway.
 

AnnaC

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MrMike said:
I for one had a very unorthodox life, home-schooled self employed, so it will be nearly impossible for me but I am trying anyway.

Did you fill out an income tax return? Pay any kind of tax, apply for driver's license, doctor's records.

I wasn't sure how much of your life was spent in the US.
 

MrMike

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Anna Coniglio said:
Did you fill out an income tax return? Pay any kind of tax, apply for driver's license, doctor's records.

I wasn't sure how much of your life was spent in the US.

Filed income tax once, I did work a few different jobs and somewhere out there is a record of my presence in the US, but none of my former employees keep records for more than 5 years and I have been over here for 6 now.

Got some speeding tickets too, paid rent, registered vehicles, had insurance, used credit cards etc. but long ago and far away.

I am thinking about getting one of those online background checks done on myself, maybe that will do it, just so many of those websites seem like scams.
 

Hillbilly

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Go over to the Consulate and check it out for yourselves

After 9/11 everything is all bent out of shape.

Take everything you have with you. All of the proof or your citizenship and your 5 years of residency after you were 14!. If you cannot prove this your baby will not be considered for US citizenship.

Since you are living here, I am supposing this, "legally" , your child can apply for a Dominican passport since it will be born of parents legally residing in the DR.

HB:p:p
 

MrMike

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Hillbilly said:
After 9/11 everything is all bent out of shape.

Take everything you have with you. All of the proof or your citizenship and your 5 years of residency after you were 14!. If you cannot prove this your baby will not be considered for US citizenship.

Since you are living here, I am supposing this, "legally" , your child can apply for a Dominican passport since it will be born of parents legally residing in the DR.

HB:p:p

Only 1 of the 5 years need to be after you were 14
 

NotLurking

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MrMike said:
Only 1 of the 5 years need to be after you were 14
Actually two (2).

ACS Consular section USA Embassy in DR said:
The most common requirement is five years of physical presence, and thus we will use that as an example. In such cases, the American citizen parent must prove to the consular officer that he or she has been physically present in the United States for a period of no less than five years, at least two of them after age 14. The burden of proof falls upon the applicant and it is not, sometimes, an easy one.

Source: ACS Consular section USA Embassy in DR

If you attended 4 years of elementary or junior high school in the USA you'll have proof for 3 years. Each school year is accepted as proof for 9 months. All you'll need to prove are the two remaining years. If you attended college An official college transcript could be used as proof. I think you can get a copy of your school record from the Board of Education in the state you attended.

I went through this same process 18 months ago and it went smooth. Good Luck.

NotLurking.
 

NotLurking

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Oh, one more thing, if you and your 'wife' are both American citizens, you or your wife need only prove one (1) day physical presences in the USA. This applies equally to naturalized American citizens.


Here is the law.

INA Sec. 301. (8 U.S.C. 1401) said:
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

Source: 8 U.S.C. 1401 or INA: ACT Sec. 301


NotLurking
 
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davoucci19

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thank you for the response

thank you so much for the responses...I am currently living in atlanta georgia but I WOULD LIKE FOR MY BABY TO BE BORN IN DOMINICAN REPUBLIC I went to high school in new york and I have been back in the states for the past 8 years...so I think that is enough proof that I need for when the baby is born....I however do not reside in D.R yet will that be an issue?
 

Hillbilly

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Personally, I think it will be

That is if you want the baby to have a Dominican passport.

The Constitution says something about children born while their parents are " in transit" or temporarily here...The baby would be, by US law a US citizen and you would have to go to the Consulate to get his passport and Social Security number. Now, I went and re-read what you posted up top:"...we are ont(sic) sure how it would work as far as the passport and how long before I have to wait to leave and come back to the states, and how does the passport work will it be domincan passport or american with place of birth in domican republic(sic)?"

So, your baby would be a US citizen, born in the DR. As far as leaving here, you would not have to leave here, if you don't want to. All you do is file for residence, which might not even be a problem, since you were born here, and so, might be redundant.

Now, if you still have your Dominican passport, then you might claim Dominican citizenship for the baby, but I would not even guess as to why you would do that! Then you have the hassle of getting him a US Visa! And you will be asked a lot of questions...



HB :(:(
 
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SKY

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Hillbilly, as usual is right. Do yourself a big favor and have the baby in the U.S. You do not need the hassles with getting a visa for a newborn baby, even if you are American. You will need tons of papers, etc. Why?
 

davoucci19

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hummm

but you see I wasnt born in dominican republic I went to school there I am born in the states and so is my husband he is a pure american but I thought that if the baby was born in dominican republic with me and my husband being americans the baby will get an american passport and it wouldnt be a big issue......I just wanted the baby born there since I was going to spend some time with my mother that lives in santo domingo..I will however come back to the states in about 4mth after the baby is born......
 
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MrMike

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You are creating alot of unnecessary problems for yourself and your baby. Unless there is some hidden motive, i.e. custody issues or something you are far better off having your baby in the US.
 

Dolores1

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I don't think it will be too complicated for you to get your baby a passport at the US consulate, especially if you prepare in advance and present the right documentation. It is very understandable that you would like to give birth where your mother is and spend the first months with her.

If you are the daughter of a Dominican you are eligible for Dominican nationality, and then can pass this nationality to your child, so the child can be a dual national. There is paperwork involved, but it is doable. In today's world, there are many advantages to being a dual national.

Now, there is another issue that you may need to contemplate: the high cost of giving birth in the DR.

Since you will be paying for the birth, are you aware this could cost you about RD$85,000 in a private clinic, and not the most fancy ones. That is if there are no complications, no C-section, etc. Has your mother investigated the costs of giving birth here?
 

NotLurking

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davoucci19 said:
but you see I wasnt born in dominican republic I went to school there I am born in the states and so is my husband he is a pure american but I thought that if the baby was born in dominican republic with me and my husband being americans the baby will get an american passport and it wouldnt be a big issue......I just wanted the baby born there since I was going to spend some time with my mother that lives in santo domingo..I will however come back to the states in about 4mth after the baby is born......

Listen, take HB's advice and have your baby in the states! You and your husband are foreigners 'in transit' under the law. Your new born child will NOT be considered Dominican under Jus Soli (Latin for: right of place of birth). The current interpretation of the 'in transit' exception of Article 11 of the Dominican Constitution requires that future parents in DR have legally recognized status. In other words, you need to be a Dominican citizen or resident for your child to be entitled to Jus Soli. In fact, if things continue in the direction they are going, soon only Jus Sanguinis (Latin: right of blood or descent) will be recognize like in many European counties.

Good Luck,
NotLurking
 

davoucci19

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she is investigating it right now for me......I am due 1.9.06 and I will be taking a trip in september to bring all the paperwork necessary to have the baby there....but to my understanding and to the previous notes that I see it wont be a problem as far as the paperwork for the baby since I am an american and so is my husband.......I am going to investigate everything aas well as the hospital where I would like the baby born...right now the money is not a problem......
 

NotLurking

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davoucci19 said:
she is investigating it right now for me......I am due 1.9.06 and I will be taking a trip in september to bring all the paperwork necessary to have the baby there....but to my understanding and to the previous notes that I see it wont be a problem as far as the paperwork for the baby since I am an american and so is my husband.......I am going to investigate everything aas well as the hospital where I would like the baby born...right now the money is not a problem......

I know I sound NEGATIVE but all I want is for you to have a happy experience both with the birth of your baby (congratulations) and with his/her paper work. In order for your child to be recognized as a US citizen and be able to get all his/her benefits (US passport), you need to Report his/her birth to US Consular services. It is officially deemed 'Consular Report of Birth Abroad'. One of the requirements for this, is that you file form DS-2029 (formally FS-579). You need a Dominican birth certificate 'en extensa' to do this. You can only get your baby's birth certificate in DR if you are a Dominican Citizen or legal resident. Do you see the paradox? No US passport without a Dominican birth certificate and no Dominican birth certificate for the babies of foreigners. I just don't want you to run into any hassles or difficulties. Good Luck!

Regards,
NotLurking
 

Dolores1

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NotLurking said:
I know I sound NEGATIVE but all I want is for you to have a happy experience both with the birth of your baby (congratulations) and with his/her paper work. In order for your child to be recognized as a US citizen and be able to get all his/her benefits (US passport), you need to Report his/her birth to US Consular services. It is officially deemed 'Consular Report of Birth Abroad'. One of the requirements for this, is that you file form DS-2029 (formally FS-579). You need a Dominican birth certificate 'en extensa' to do this. You can only get your baby's birth certificate in DR if your are a Dominican Citizen or legal resident. Do you see the paradox? No US passport without a Dominican birth certificate and no Dominican birth certificate for the babies of foreigners. I just don't want you to run into any hassles or difficulties. Good Luck!

Regards,
NotLurking

Very interesting and a matter to be further looked into to see if the US Consulate is not flexible about the requirement for a Dominican birth certificate when this is against the country law.

Then what happens if a tourist who comes here pregnant suddenly has to give birth prematurely? If the DR will not issue a birth certificate, it would be logical to assume they would accept the hospital document.

Another option to get around this, if there is no flexibility on behalf of the Consulate, is to apply now for Dominican citizenship through your mother. I think it can be done in time for when your baby is born.

Then your baby would be born a Dominican, and could apply for a US passport at the US Consulate, which would be quicker than applying for a US visa on the Dominican passport.
 

Hillbilly

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Things are clearing up

As both you and your husband are native born US citizens, where your baby is born is not really much of an issue as Dolores states quite rightly.

RE: The birth certificate: The clinic where you give birth will issue a birth certification that your husband can take to the local Registro Civil to declare the birth. The Birth Certificate will state quite clearly that the Mother " Fulana de Tal" ciudadana Americana, passaporte # Z70099999 gave birth to a baby boy/girl whose father
Mr. Fulano de Tal, Americano, passaporte # Zo99999999, at Sucha and Such clinica in Santo domingo

Or something approaching that.

This document will then be taken as soon as possible to the US consulate where you will need some photos and the local birth certificate and your sworn statements,and proof of your residence in the states etc.And your baby will have a US Passport worth thousands of dollars....and a US Social Security number...

I really think that it is now quite clear, and will not be a problem.

HB :p:p