Citizenship and Marriage
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Is a child born to a legal citizen and an illegal alien a legal citizen of the US?

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Wiki User
02/24/2011

yes because it was born in the U.S

Hmm?

I could be wrong but I believe you are a legal citizen of wherever it is that you are born? Did you mean that the child was born in the US or outside of it?

Answer

Only if a child is born with in the United States is considered legal. If the a child is born outside the United State is consider an illegal alien.

Answer

If at least one of the parents is a legal US citizen (NOT a U.S. resident, but a U.S. citizen), then any natural child of that parent is a U.S. citizen, regardless of where the child was born. A citizen child born outside the U.S. sovereign soil is not considered "natural born", but the only place in U.S. law that this is relevant is for eligibility to be come President or Vice President (i.e. only "natural born" citizens can become President/VP).

Should a U.S. citizen adopt a child who is NOT a U.S. citizen (i.e. either a straight adoption, or as a step-parent adoption), then that child is eligible for U.S. citizenship via Naturalization. Naturalization is not automatic, and requires a legal procedure to be followed, generally taking a year or more. In the mean time, the child is eligible for automatic U.S. Residency, provided a basic Immigration form is filed to declare the child's adoption.

All of the preceding is true without regard to whom the other parent is (or their immigration status).