Legal Question in Immigration Law in Florida

Is He a U.S. Citizen

If I had a baby in Cuba, came to America within weeks, or hours of his birth, and became a U.S. Citizen, is my baby a citizen, too? Do I have to file separate paperwork for him, or will he automatically become a citizen because of his father and mother's new citizenship?

Asked on 12/09/08, 3:15 am

2 Answers from Attorneys

Rebecca White Law Office of Rebecca White

Re: Is He a U.S. Citizen

It sounds as though both you and your husband are now greencard holders, and will be naturalizing shortly. If that is the case, your baby will not be born a US citizen if born in Cuba - only if born in the US. However, if you enter with the baby within its first two years, on your first return trip to the US, your baby will be granted permanent resident status. It is, however, VERY important that you make sure this happens on your and the baby's first trip into the US.

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Answered on 12/10/08, 2:59 pm
Johm Smith tom's

Re: Is He a U.S. Citizen

Children must be born in the US to get citizenship. Getting here within hours isn't good enough. So you will have to file paperwork, which you would have to do either way but the paperwork is more involved this way.

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Answered on 12/09/08, 12:26 pm

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