I married my husband, who is a US citizen, 8 years ago. I am not a US citizen. We have only lived in Argentina. We had a son and daughter who are now 5 and 3 years old. Are my children US citizens?

They might be. A married US citizen parent may transmit citizenship to children but the law has changed over the years. For children born on or after November 14, 1986, under this scenario, the children might be citizens if the father was physically present in the US or one of its territorial possessions for at least 5 years prior to the child’s birth. Two of those 5 years of physical presence would have had to happen after the father turned 14 years old.

If you have any questions regarding immigration, please feel free to call me, immigration attorney Shawn Mesa at (813) 679-5780.

Disclaimer: This information is provided as a public service and not intended to establish an attorney-client relationship. Any reliance on this information is taken at your own risk.

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