Ms Walker-Huntington,

My husband has been a US citizen for many years now. I got pregnant in early '08 and spent two months in the US after the first trimester.

I chose to return to Jamaica to be with my family, especially my mom, that I could have the required assistance for my daughter's birth. Also, I did not want to overstay my visa and cause unnecessary issues. Hence, my daughter is a Jamaican.

Unfortunately, my husband was unable to make it for her birth. And, due to the new laws here in Jamaica which state that the father must be present in order to include his name on the birth certificate - his name was added a few months after.

We recently got married and he wants to begin the filing process. Do you think we would have any issues because his name was added to the birth certificate after her birth when the documents are submitted? Would the process require any special documents from us?

Also, how long would it take for the filing to come through for both of us?

As a child of a US citizen, would our daughter be entitled to any special benefits during this process? Any other information you could provide would be much appreciated.

- GW

Dear G.W.,

The good news is your daughter is a US citizen. Both you and your husband should take your daughter to the US Embassy in Kingston and register her as a US citizen.

A child born outside of US, where one or more parent is a citizen of the country, is also a US citizen. The birth of the US citizen abroad should be reported to the US Embassy or Consulate as soon as possible. From the date in your letter, your child should be close to a year old or just a little over a year.

Since the father's name was added to the Jamaican birth certificate, the US Embassy may request a blood test to ensure that your husband is the biological father. Please visit the US State Department's website at http://travel.state.gov/law/info/overseas/overseas_703.html to receive your instructions on submitting the Consular Report of Birth Abroad of a Citizen of the US.

In addition to providing the child's Jamaican birth certificate and proof of your husband's citizenship, he will also have to provide proof of his US residency and physical presence in the country. Once the application is approved, your daughter will receive a Certificate of Citizenship and, subsequently, a US passport.

File a petition

In your case, your husband must file a petition for you as the immediate relative of a US citizen in order for you to legally live with your family in the States. The process, if it goes smoothly and you promptly respond to requests for documents and fees, should take between seven and 12 months. You must be prepared to provide your child's birth certificate at the interview, along with other documentation to prove to US Citizenship and Immigration Services that your marriage is bona fide.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practices law in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.