Legal Question in Immigration Law in California

Hi

I am married to USA citizen and my marriage happened in India .My child is born in India but by default he should be an USA citizen as father is a USA citizen(origin by birth).My marriage lasted for 10 months and I don�t have marriage certificate.

Please give me details for questions below:-

Q1. How can I file for my child�s US passport .I have his birth certificate that has father and mothers name but I don�t have a marriage certificate as my marriage lasted for only 10 months and my husband didn�t sign the marriage certificate. I have my husband�s US passport number and also his social organization number.

Q2. As I am a Indian citizen and my child is a US citizen .Is there any possibility that I can get any other type of visa or green card as I want to do the upbringing of my child in US (thinking it�s the best for him).I I am not staying with my husband I am in India and my husband is in US.

Please suggest me how can I proceed with this


Asked on 7/27/10, 12:13 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Having a US citizen child, doesn't give his foreign (Indian) mother any rights to request a visa to USA so she can raise her child in USA. You will have to raise him in his and your native country (as he is also a native born citizen of India). Your husband is the one who could have petitioned for your residency (green card). However, after divorce it's too late now.

As to the question of whether or not your child can have any claim to USA citizenship, you have to contact nearest US embassy or consulate for information. Usually, it's a US citizen parent (not a foreign parent) who has to register birth of his child with the US consulate. You will have to prove many facts about a father and have sufficient documentation before the consulate can agree to register his birth.

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

Read more
Answered on 7/27/10, 7:40 am


Related Questions & Answers

More Immigration Law questions and answers in California