Legal Question in Immigration Law in South Carolina

You may have dual nationality between Canada and the U.S. Though not specifically sanctioned by U.S, law, it is tolerated. There are tax implications and inheritance considerations upon death which are part of the mix to understand all the consequences.

Generally, if you are a woman transmitting citizenship to your child could be easier to do than if you are a man. The issue of course is that same-sex marriage is not recognized for immigration petitioning purposes, and when a man has a child considered not legitimate, then the child must be legitimated. Legitimation can take place by subsequent marriage which is irrelevant in your case as you're married already. Legitimation can take place too by common law in holding a child out as being your child publicly. These rules could apply differently given the nature of your marital relationship and should be thoroughly researched before making any conclusions.

For further information, feel free to contact me at 818 609 1953 or email [email protected].

The above is general information not to be construed as legal advice. Legal advice is given in the context of an attorney client relationship formed after agreement in writing between counsel and client.

I'm sorry to write in this fashion as I understand the difficult position you are in.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

Bd. of Legal Specialization, State Bar of CA