Legal Question in Immigration Law in Massachusetts

Re: Birth in Canada

A great deal depends upon whether or not you have naturalized to U.S. Citizenship through your husband, having first obtained permanent residence for the requisite amount of time.

If you are a U.S. Citizen, then your child will most likely be a U.S. Citizen also. If you have not naturalized as of yet, or have no intention of doing so, then it becomes a more complicated evaluation.

A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.

The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his/her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.

For a more complete and detailed evaluation of your facts and circumstances, please contact one of our Immigration Attorneys for a thorough and in-depth consultation, at (212) 618-1830.

Re: Birth in Canada

Since you've immigrated to the US, if you're already a US citizen then the baby will be a US citizen, too. Even if you're only a lawful permanent resident of the US, the baby will still be a US citizen if your husband has been living in the US for at least 5 years of his life of which 2 years were after the age of 14. Obviously, most US citizens will satisfy this requirement but there is a tiny percentage who live overseas most of their lives.

Larry ("Liem") Doan, Esq.