Q: Wife going under immigration process and Birth of Child aboard.
I am a U.S. citizen, and my wife is in Pakistan and in the process of immigration. My question is, if my child is born in Pakistan, will they already be a U.S. citizen, or will I have to file an immigration process for them as well, in addition to my wife? Any advise for me
A:
If your child is born in Pakistan, they may be a U.S. citizen at birth if you meet certain requirements. As a U.S. citizen, you need to have lived in the United States for a specific period before your child's birth. Generally, you must have been physically present in the U.S. for at least five years, with two of those years after the age of 14.
If you meet these residency requirements, you can apply for a Consular Report of Birth Abroad (CRBA) for your child, which serves as proof of U.S. citizenship. You will need to schedule an appointment at the U.S. Embassy or Consulate in Pakistan to complete this process. Make sure to bring all necessary documentation, including proof of your U.S. citizenship and your physical presence in the United States.
If you do not meet the residency requirements, your child will not automatically be a U.S. citizen, and you will need to file an immigration petition for them, similar to the process you are following for your wife. It's important to gather all relevant information and documents to ensure a smooth process for your child's U.S. citizenship or immigration status.
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.