Immigration Corner | How long before my baby gets her US passport?

Dear Mrs Walker-Huntington,

My partner is a United States (US) citizen. We have a baby together who will be one year old in a few days. The baby was born in Jamaica. How long does it take for her to get her US passport? What are the steps to take? Could you also tell me the best ways for me to get my green card?

Do we have to get married for me to get my green card?

– P.R.

Dear P.R.,

I am assuming that you are the mother of the child, and the US citizen is the father. If you are in a same-sex partnership and the child was born by in vitro fertilisation or by way of surrogacy, your situation would be more complex.

However, a child born to a United States citizen father outside of the United States is entitled to derivative American citizenship if the father meets certain requirements. Bestowing American citizenship on a person is a benefit that is strictly scrutinised. The ability to derive American citizenship from a father will depend on several factors, including when the father became a US citizen. If the child can derive American citizenship from her father, she would need to be registered with the US Embassy in Kingston as an American born abroad and an application made for her US passport. The US Embassy is prioritising US citizen services, but I cannot give you a timeframe to accomplish the above. You can visit the US Embassy’s website to make the applications at https://jm.usembassy.gov/, or you can hire an attorney to assist your family.

If you wish your partner to file for your green card, you would have to first be married, and your spouse would then file a petition for your US residency. That process has also slowed down because of the pandemic, but it should take less than 18 months. You also have the option of your partner filing for a fiancé visa, which takes about a year to an appointment at the embassy in Kingston. This option could be the precursor to a green card. If approved, you would be able to travel to America and marry your fiancé within 90 days of arrival and then file for the green card.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States and family, criminal, and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com