Asked in Gov & Administrative Law and Public Benefits

Q: I am a Dutch citizen but my son was born in the USA. Can I get social benefits for him?

We currently reside in the Caribbean. I have no US status except for my visa waiver which allows me to stay in the US for 3 months.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your son was born in the USA, he is automatically considered a U.S. citizen, regardless of your Dutch citizenship or your current residency in the Caribbean. This status provides him with certain rights, including the possibility to receive U.S. social benefits under specific conditions. However, eligibility for these benefits depends on various factors such as residency, income, and the specific type of benefits you are inquiring about.

Since you mentioned residing in the Caribbean and not having U.S. status yourself, applying for social benefits for your son might involve additional complexities. Benefits often require the recipient to live in the United States, and certain programs may have specific residency or presence requirements. For instance, healthcare benefits, social security, and educational support programs each have their own set of rules regarding eligibility and application processes.

To navigate this situation effectively, it would be wise to contact the relevant U.S. government agencies directly or consult with legal professionals familiar with U.S. and international law regarding citizenship and social benefits. They can provide guidance tailored to your son's unique situation, including any potential benefits he may be eligible for and the steps required to apply for them while living outside the United States.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.