By Michael Stewart and Jose Santiago
May 28, 2007

If a United States citizen has a child in another country, that child should be reported to the nearest US Embassy or consulate to establish an official record of the child’s claim to US citizenship. If the child comes to the USA without the proper forms having been filed, the parents must file for a Certificate of Citizenship for the child.

If the United States citizen is the husband, and the wife is an alien, the child will still obtain citizenship in the USA at birth provided it is reported to the Embassy or consulate and the husband has resided in the USA for an amount of time required by law.

When both parents are US citizens, a child born abroad will be a US citizen as long as one of the parent’s resided in the USA prior to the child’s birth.

A child born to two US residents can enter the USA without a visa when accompanied by a parent on that parent’s initial return to the USA. The child must be brought to the USA within 2-years with documents showing the parents relationship to the child. If the child is not brought back within the two years, the child can only obtain a visa from USCIS.

Michael D. Stewart, Esq.
Law Offices of Michael D. Stewart
335 S. Biscayne Blvd., PH #UPH00
Miami, Florida 33131
www.michaelstewartlaw.com

AFFILIATED ATTORNEY OF:

Jose C. Santiago, Esq.
Law & Title Offices of Jose C. Santiago
Avenida Paulista, 777, 15 andar, São Paulo, SP, Brazil
www.lawofficeinbrazil.com

Previous articles by Jose:

Careful When Buying Pre-Construction Properties in Brazil!
Understanding Brazil: Sending Money Home from a Real Estate Deal
The Closing Process in Brazil
Permanent Visas in Brazil
Brazil: International Money Transfers
Brazil: Squatters Rights (Usucapião) – Be Aware!
Brazil: Annual Procedures to Keep Your CPF Number Valid
How to Hire a Lawyer in Brazil Part 3
How to Hire a Lawyer in Brazil Part 2
How to Hire a Lawyer in Brazil Part 1
Tax Information for Foreigners in Brazil Part 4
Tax Information for Foreigners in Brazil Part 3
Tax Information for Foreigners in Brazil Part 2
Tax Information for Foreigners in Brazil Part 1
8 Reasons to Invest in Brazil’s Real Estate
The Brazilian Resident Investor Program for Foreigners
Brazil: Annual Required Procedures to Keep Your CPF Number
Legal Aspects of Acquiring Real Estate in Brazil

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