Q: Is my foreign-born son a USC or do I have to petition for him?
I’m a USC born in Nicaragua. I had a son there 13 years ago when I was married and was a USC at the time. I lived there for 3 years, and came back here. I divorced his mother, and she’s been a permanent resident in this country since 2014. I’ve always sent him money, and have visited him. Can I register him as a citizen born abroad? Thanks
A: Probably. The rules governing whether or not a child born abroad to a USC is a USC at birth are complex and vary depending on the year the child was born. Your child was born after 1986, so you as his father have to show that you had been physically present in the US of its outlying possessions for 5 years, at least 2 of which were after the age of 14. If you can show that, you can register your son as a USC born abroad.
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A: As my colleague Hector E. Quiroga already pointed out, the laws governing claims to citizenship by individuals born abroad to a U.S. Citizen Parent have changed over the years. You should consult with a competent immigration attorney who can evaluate the specific facts of your case against the applicable law for the time in question.
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