QUESTION
Can my son be a US citizen without my husband's signature?
Asked on Apr 15th, 2013 on Immigration - New York
More details to this question:
I´m an American citizen but I live in Brazil. I have a son with a Brazilian man but I want to give my child the American citizenship. But, my husband won’t sign the papers which gives the child the right to become a citizen. Since my son has his last name, is there any way I can do this without him signing anything?
3 ANSWERS
Your son is a US citizen if born outside the US to a US citizen. You need to register his birth with the US Embassy in Brazil. You need to find out from the Embassy what is involved in getting the birth registered and whether you need the consent of the child's father to do so. Most likely to get the US passport, you will need the father's permission or consent. I'm not sure whether just to register the birth you need that as well.
Answered on Apr 17th, 2013 at 9:45 PM
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Yes. He can apply for a Certificate of Citizenship with USCIS, but in order to get a US Passport or to travel outside of Brazil, the father's signature is also needed.
Answered on Apr 17th, 2013 at 8:09 PM
Were was your son born? There are laws of automatic citizenship that apply depending on when the child is born, what status he holds, if he is admitted in the US as a permanent resident, etc. consult with an immigration attorney right away.
Answered on Apr 17th, 2013 at 8:08 PM