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Would my Husband have American citizenship through my kids which are American citizens

Orlando, FL |

My husband of 22 years is Maltese citizen in which we have 5 children together which have obtained American citizenship through me as I'm American born , would that make him An American citizen through our children ?

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Attorney answers 6


No your husband is not a US citizen. He will have to apply for naturalization.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


He'd have to apply for naturalization. Here are the eligibility requirements:

(626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.


If your husband has obtained lawful permanent residence through you, then he will have to be a lawful permanent resident for three years and remain married to you to apply for naturalization.

The naturalization process requires that he be continuously physically present United States for the required three years, that he have good moral character for those three year, and that he successfully pass a test involving English language, history, civics, and politics. The N400 is the form he must use to apply. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.


No, he would have to be a Lawful Permanent Resident for 3 or 5 years and then he can apply for naturalization. Consult with an attorney to determine the best path to citizenship for your husband.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


No. He will not obtain United States citizenship based on your children. If not already a permanent resident he will first need to become a US permanent resident and fulfill the residence and physical presence requirements of either 3 or 5 years among other requirements and file for naturalization.


No, it would not. One cannot derive U.S. citizenship through children. If your husband is interested in becoming a U.S. citizen, he should speak with an experienced immigration attorney who can explain the process.