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Deleted user

posted 4 years ago

What is the status of a baby born abroad to an American parent, but fails to qualify for U.S. citizenship?

1 Looking at the "Acquisition of U.S. Citizenship by a Child Born Abroad" page, it seems that there are some combinations where the targeted baby may not be an American citizen by default. So, what happens when the American parent tries taking the baby with them to the U.S.? Does the baby get deported as an illegal immigrant? Possibly to an orphanage/foster-care if the other parent isn't there and/or the U.S. parent doesn't want to travel? Is there a way for the American parent have the baby converted to a (naturalized) citizen? Oh, and that page doesn't seem to cover what happens if both parents are U.S. citizens, but not in wedlock. Does anyone know the policy in that case?

Country

United States

Fields:

Immigration Law

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Deleted user

Lawyer

posted 4 years ago

If the child has proper documents, the specifics of which depend on the child's citizenship and the purpose of entering the US, nothing will happen. If the visit is temporary, the child needs the same documents as any temporary visitor with the same citizenship. If the parent intends to remain in the US indefinitely, the child should have an immigrant visa, in which case the child will become a US citizen on arrival.