U.S. immigration law is extremely complex, often making major life events even more confusing and overwhelming. One of the most important of these changes—and the subject of considerable concern for permanent legal residents of the United States—is having a new child. Many new parents understandably have questions about the legal status of their children and how to prevent issues with USCIS in the future.
Fortunately, as the NYC immigration law attorneys at Berd & Klauss, PLLC explain, adding a new child is often much simpler than it appears. If, for example, your child was born within the United States, he or she is automatically a U.S. citizen, irrespective of the immigration status of the parents. However, even if your child was born outside of the country, he or she may still become a permanent legal resident if:
- The child's mother has permanent legal resident status.
- You bring your child back to the U.S. before his or her second birthday.
- Either you or your spouse is applying for readmission on your first return to the US after the birth of your child.
However, even if your situation does not fulfill any of these requirements, you may still be able to apply for legal residence on behalf of your child by filing an I-130, Petition for Alien Relative. In these cases, as well as many others, your child may be required to have a passport and immigration visa to enter the United States.
The immigration law attorneys at Berd & Klauss, PLLC offer an extensive array of services for clients across the world, helping those in a variety of situations navigate the complexities of the system. If you have questions about the legal status of your new child, visit their website or call (212) 461-7152 to speak with a lawyer today.