What Happens when a child is born abroad to US Permanent Resident Parents?

If a child is born to United States Citizens abroad, the child will still be an American citizen because the child’s parents are American citizens. In many cases, being born on the soil of another country will also make the child a citizen of that country, although there are some exceptions and not all countries allow birthright citizenship. Baby citizenship

What if the parents are permanent residents having a baby abroad?

If two legal US permanent resident parents have a baby who is born abroad in another country, the child can still enter the United States without requiring a visa as long as one of the legal permanent resident parents is with the child at the time – and it is within two years of the child being born. The parent will also have to provide proof that the child is their child.

If the two legal US permanent resident parents were to return from abroad and enter the United States without the child and the child were to enter the United States later on without one of the parents present, the child will need a visa to enter the United States. To do this, the permanent resident parents must petition for an immigrant visa for the child, where they are essentially sponsoring the child into the United States.

While American citizens can petition for a child of any age who is married or not married to come and live or work in the United States on a permanent basis, legal US permanent residents can only sponsor children who are unmarried, although the age of the child does not matter.

Citizenship and the citizenship of your baby can be a confusing matter, especially if you are not a citizen of a particular country but only a legal permanent resident. If you are concerned or confused about the citizenship requirements for yourself or your child, speak with one of our immigration attorneys as soon as possible – we can help!

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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