I was asked if my child is a transmitted citizen? What is a transmitted citizen?
Families who are looking to bring their foreign-born children to the United States should determine whether their child has “transmitted” U.S. citizenship. According to USCIS,
In order to transmit U.S. citizenship to a child, the U.S. citizen parent(s) must have been a U.S. citizen at the time of the child’s birth and must have accrued sufficient physical presence in the U.S. to transmit citizenship. The physical presence requirements depend on the child’s date of birth and the marital status of the parents at the time of the child’s birth.
• whether the child was born in or out of wedlock
• whether both parents are U.S. citizens
• whether the child was natural-born or born through surrogacy or adoption
• what year the child was born
• if the parents are members of the U.S. military
If the child is not a “transmitted” U.S. citizen, the family will need to determine whether they can sponsor their child for an immigrant visa. However, visa availability and the length of wait times can differ greatly depending on whether the child’s petitioner or sponsor is a permanent resident.
All families, and all situations, are not the same. An experienced family immigration lawyer can assess the situation and determine the best options for your specific situation.
An experienced family-based immigration lawyer can advise families with foreign-born children on how to gain citizenship for their children. Mario Godoy and the other immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. Call today at 312-736-0424.
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AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties
