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If I am a permanent legal resident, what is the legal status of my new baby?

Published: March 15th, 2017

If your child was born in the United States, then he or she is automatically a citizen. If your child was not born in the U.S., however, then he or she can become a legal permanent resident as long as these conditions apply:

  1. The mother is a legal permanent resident.
  2. Your child reenters the United States before he or she turns two years old.
  3. You or your spouse is applying for readmission the first time you return after the child is born.

If none of these conditions apply to your situation, then you may still be able to obtain legal residency for your child through an I-130 petition.

Those who have further questions about their child’s immigration status should consult with Attorney Henin-Clark. As an immigration attorney with over 25 years of experience, you can trust her with your case! She will advise you of your options and the best course of action to take.