Moving Back to America: What You and Your New Family Need to Know

Jun 7
07:37

2012

Anna Woodward

Anna Woodward

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Many U.S. citizens working abroad eventually wish to return home, but bringing a new family along can be confusing. Knowing the laws about your non-citizen spouse and children can help you prepare for meeting with an immigration lawyer.

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Many large corporations today are building a greater focus on global commerce. International trade offers many work opportunities around the world,Moving Back to America: What You and Your New Family Need to Know Articles and many Americans are finding overseas work to be a lucrative and exciting prospect. Still, after years abroad it is not uncommon to experience homesickness and a desire to return home. If you've started a family in another country but are ready to return to the United States, it's important to know how U.S. citizenship and residency applies to you and your family before consulting an immigration lawyer and returning home.

If during your stay in another country you've gotten married to a citizen of that country, moving back to the United States is typically a straightforward process. Unless you are planning to stay in the country only temporarily, your spouse will need to apply for a green card. This legal document will allow your spouse to live and work in the U.S. indefinitely. Spouses of citizens do not have to wait for additional consideration once the paperwork for a green card has been processed, so moving to America should be simple.

If your spouse wants to become a citizen of the United States, they will have priority over most people seeking naturalization. After residing in U.S. territory for 3 years with a green card, it is possible for your spouse to apply for citizenship. He or she must also fulfill the other requirements stipulated by U.S. law, including being able to speak English with some proficiency and have a working knowledge of the country's government and history. If you and your spouse are looking to take this path, consulting an immigration lawyer at an early stage can help you plan out a timeline for moving back and getting the required paperwork completed.

If you and your spouse have children after you have married, the process for them is very similar. Provided that you have lived in the United States for at least 5 years of your life, your child is eligible to become a U.S. citizen. Many people choose to have their child naturalized at birth. This is possible even if you are living abroad, but you will need to check with the specific laws of the country in which you are residing to acquire resident status for the child. If for some reason you do not register your child as a U.S. citizen at birth, it is still possible for him or her to easily become a citizen before turning 18. In this situation an immigration lawyer can help you acquire a green card for the child and then apply for citizenship.

Luckily, U.S. law makes returning to America with a family much easier than the normal naturalization process. Even so, the timing required for moving can be tricky and there are many small requirements that must be satisfied to abide by United States laws. Most couples choose to consult with an immigration lawyer to discuss the detailed paperwork, but you will definitely want to have a plan in mind before doing so. Don't worry-- you'll be home before you know it!