One of the first steps on the road to citizenship is to determine if you may be eligible through any of your family members. If you are the child of a United States citizen, you may be able to expedite your application process.
Congress has enacted laws which regulate how citizenship is conveyed by a citizen parent to children who were born outside of the boundaries of the United States.
Children Gaining Citizenship
Pertaining to citizenship and naturalization, a child is defined as an unmarried person who is also:
- The genetic, legitimated, or adopted son or daughter of a U.S. citizen; or
- The son or daughter of a non-genetic gestational U.S. citizen mother who is recognized by the relevant jurisdiction as the child’s legal parent. (Source: United States Customs and Immigration Services)
There are two basic methods to gain citizenship through parents who are United States citizens – either at the time of birth, or at some point before turning 18.
In order to determine if a child is a U.S. citizen, you need to look at the laws which were in place at the time of their birth. Typically, the relevant laws require that at least one parent was a U.S. citizen, and the U.S. citizen parent had resided in the country for a duration of time.
Children born outside of the country may gain citizenship after birth. You can check the USCIS website for information and eligibility.
Children of Citizens Living in the U.S.
- At least one parent must be a U.S. citizen by birth or through naturalization; this requirement includes adoptive parents.
- The child is a minor (under 18 years of age);
- The child is a lawful permanent resident (LPR); and
- The child is residing in the country in both legal and physical custody of the U.S. citizen parent.
Children of U.S. Citizens Residing Outside the United States
If a child routinely resides outside of the United States but is interested in gaining citizenship, there is a pathway to that status. All of the following conditions must be fulfilled in order for this to happen:
- The child must have at least one parent who is a U.S. citizen, either by birth or through the naturalization process. This includes a legal adoptive parent.
- The U.S. citizen parent or U.S. citizen grandparent must meets specific physical presence requirements.
- The child is under 18 years of age;
- The child is living outside of the United States in both the legal and physical custody of the U.S. citizen parent. If the qualifying citizen parent is deceased, the legal guardian of the child must agree to the citizenship application and request.
- The child is legally admitted, physically present, and maintaining status in the U.S. at the time the application is approved, and at the period of naturalization. (Source: USCIS website)
Did You Know? Children of military members residing outside the United States (who are U.S. citizens) may apply and be approved for citizenship while living abroad.
As with all immigration and citizenship issues, the process can be complicated. If a document is filled out incorrectly or a deadline is missed, it can derail your entire application. Gaining citizenship is too important to make a mistake – that’s why we recommend you contact an expert immigration attorney to help you along the way.
The immigration attorneys at Probinsky & Cole are dedicated to helping you in your application process. If you are in the Tampa or Sarasota area, give us a call today.
