minor citizenship naturalization
What is the status of a baby born abroad to an American parent, but fails to qualify for U.S. citizenship?
<p>Looking at the "<a href="https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html" rel="nofollow noreferrer">Acquisition of U.S. Citizenship by a Child Born Abroad</a>" page, it seems that there are some combinations where the targeted baby may not be an American citizen by default.  So, what happens when the American parent tries taking the baby with them to the U.S.?  Does the baby get deported as an illegal immigrant?  Possibly to an orphanage/foster-care if the other parent isn't there and/or the U.S. parent doesn't want to travel?  Is there a way for the American parent have the baby converted to a (naturalized) citizen?</p>

<p>Oh, and that page doesn't seem to cover what happens if both parents are U.S. citizens, but not in wedlock.  Does anyone know the policy in that case?</p>

<blockquote>
  <p>So, what happens when the American parent tries taking the baby with them to the U.S.?</p>
</blockquote>

<p>If the child has proper documents, the specifics of which depend on the child's citizenship and the purpose of entering the US, nothing will happen.</p>

<p>If the visit is temporary, the child needs the same documents as any temporary visitor with the same citizenship.  If the parent intends to remain in the US indefinitely, the child should have an immigrant visa, in which case the child will become a US citizen on arrival.</p>

<blockquote>
<p>Is there a way for the American parent have the baby converted to a (naturalized) citizen?</p>
</blockquote>
<p>The <a href="https://en.wikipedia.org/wiki/Child_Citizenship_Act_of_2000" rel="nofollow noreferrer">Child Citizenship Act of 2000</a> lays out the requirements for non-citizen children of US citizens to be naturalized.  It is the primary route by which children adopted from abroad gain US citizenship, but it applies to biological children as well.  The basic requirements are that the child has at least one US citizen parent who has legal custody, the child is under 18, and the child is a legal permanent resident in the US.  The child's permanent residency can be established by the parent filing a <a href="https://www.uscis.gov/family/family-us-citizens/bringing-children-sons-and-daughters-live-united-states-permanent-residents" rel="nofollow noreferrer">Petition for Alien Relative.</a></p>
<blockquote>
<p>[T]hat page doesn't seem to cover what happens if both parents are U.S. citizens, but not in wedlock. Does anyone know the policy in that case?</p>
</blockquote>
<p>As pointed out in the comments on the main question, this is covered by <a href="https://fam.state.gov/FAM/08FAM/08FAM030107.html#M301_7_4_E_1" rel="nofollow noreferrer">a section of the Immigration and Nationality Act.</a>  Essentially, paternity must be established and acknowledged by the father (these are the &quot;requirements of INA 309(a)&quot;);  and at least one parent must have been resident in the United States at some point before the child's birth, just as is the case if the child was born in wedlock.</p>

<p>In most jurisdictions, familiy reunification is a valid reason for immigration, including the US. So it should be straight-forward to get the neccessary paperwork allowing the child to live with their parents as a resident alien.</p>
<p><a href="https://en.wikipedia.org/wiki/Family_reunification" rel="nofollow noreferrer">https://en.wikipedia.org/wiki/Family_reunification</a></p>
<p>Of course, naturalization is also an option.</p>
