Is My Foreign-Born Child a US Citizen?

 Posted on April 29, 2024 in Immigration

A child does not need to be born inside the United States or in one of its territories to become a natural-born citizen. If your child has at least one parent who is a United States citizen, there is a good chance that he or she can be granted citizenship at birth or based on one parent’s citizenship status. However, simply having one parent who is a U.S. citizen is not always enough. You will also need to prove that the parent with U.S. citizenship meets certain residency requirements. The requirements also vary depending on whether the child’s mother or father is a citizen and whether the child was born in or out of wedlock. A Lombard, IL immigration lawyer can help you determine whether your foreign-born child qualifies for citizenship.

Children of U.S. Citizen Fathers Born Abroad

If your child’s father is a U.S. citizen and you are not, you will need to prove a few things in order to gain birthright citizenship for your child. If you are present in the United States during your pregnancy, it may be better to remain in the country to give birth, as having your child on U.S. soil may give him or her an additional ground for birthright citizenship.

If your child is born overseas, you will need to first prove paternity. This means you need legal proof of who the father is. You will also need to show that the father is not only a U.S. citizen but meets certain residency requirements. The exact residency requirements that apply depend on when your child was born. Generally, you must be able to show that your child’s father has spent substantial time living in the U.S.

A support requirement may also apply. You must be able to show that the father is willing and able to financially support his child until he or she turns 18. This requirement may also be met if the father has legally acknowledged his child and is in a jurisdiction where he is required to support his child.

Children of U.S. Citizen Mothers Born Abroad

If you are the child’s mother and are a U.S. citizen, you will only need to prove that you meet residency requirements. The specific amount of time you must have recently spent in the U.S. varies depending on the date your child was born.

Contact a DuPage County, IL Immigration Attorney

Mevorah & Giglio Law Offices is committed to helping children who qualify for birthright citizenship establish this important legal status. Our dedicated Lombard, IL citizenship lawyers will work to prove that your child was born a U.S. citizen. Contact us at 630-932-9100 for a free and confidential consultation.