Good afternoon , i wish to know all the legal advice i can get on this topic please, I am 16 years old US citizen of 3rd generation if that matters my baby is due on december this year by that time i will be 17 years of age , the baby¨s father is 20 years old an a citizen of Mexico , Hopefully he will have a visa by the time of my due date and I was wondering if I will have any legal complications due to the fact that im underage and hes an adult ? Will he be able to register the child with his surname ? Also , Will he be penalized at the spot? And if my child is born in Mexico will there be any problem with the citizenship of my baby?
For the most part, this is not an immigration question.
I'll only answer the part that relates to US Immigration and Citizenship law.
1. What makes you so sure that he'll have a visa? If he's from Mexico and isn't in the US legally, and entered before he was 16 ... he can apply for deferred action ... not a visa
2. A child born in Mexico to a US Citizen is a DUAL CITIZEN of both the US and Mexico.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
It sound like you are a US citizen. So your child will have US Citizenship even if born in Mexico.
Whether the child is a US citizen if born in Mexico depends on whether you meet the requirements to transmit US citizenship: Been physically present for 5 years in the US prior to the birth, with two of those years being after the age of 14. My colleagues are assuming that you meet these requirements, but there are no facts in your posting to make that determination.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.