Article

Children and the Path to U.S. Citizenship

For parents who are U.S. citizens or permanent residents, obtaining citizenship for their children is an important step.

This helps ensure that their kids have the same rights and opportunities as any other American. Becoming a U.S Citizen grants access to benefits like voting, employment, and public services, as well as the right to live and work in the United States without fear of deportation. 

There are several ways for children to obtain U.S. citizenship, including through birth, naturalization, or being born abroad to U.S. citizen parents. USCIS provides a useful tool to determine a child's eligibility. 

Birth in the United States 

One of the most straightforward ways for a child to obtain U.S. citizenship is by being born within the United States. This is also known as being a “birthright citizen”. If a child is born in the United States, regardless of the immigration status of the parents, they are automatically a U.S. citizen. 

To prove citizenship through birth in the United States, the child will need to provide a copy of their birth certificate. If the child was born in a hospital, the hospital will provide the birth certificate. If the child was born outside of a hospital, the parents will need to register the birth with the appropriate state or local authorities. 

Naturalization 

Children who were not born in the United States, but who have a U.S. citizen parent or parents, may be eligible for citizenship through the process of naturalization. To be eligible for naturalization, the child must meet the following requirements: 

  • The child must be under the age of 18 at the time of the naturalization application. 
  • The child must be a lawful permanent resident (green card holder). 
  • The child must have lived in the United States in the physical and legal custody of their U.S. citizen parent for at least five years (or three years if the U.S. citizen parent obtained their citizenship through marriage to a U.S. citizen). 
  • The child must meet all other eligibility requirements for naturalization. 

To apply for naturalization, the child must file Form N-600, Application for Certificate of Citizenship, with USCIS. Along with the form, the child will need to provide a copy of their green card, the U.S. citizen parent's birth certificate or naturalization certificate, and any other supporting documents. The cost of filing Form N-600 is currently $1,170. 

Born Abroad to U.S. Citizen Parents 

Children born abroad to U.S. citizen parents may also be eligible for U.S. citizenship. The requirements for this option depend on the child's age and the citizenship status of their parents. 

A child born abroad to U.S. citizen parents is automatically a U.S. citizen, as long as at least one of the parents has lived in the United States at some point in their life. The child can prove their citizenship by obtaining a Consular Report of Birth Abroad (CRBA) from a U.S. embassy or consulate. The CRBA is similar to a birth certificate. It establishes citizenship through the parents and makes obtaining a U.S. passport much easier. However, the child cannot use the CRBA for travel to the United States. Filing for a Consular Report of Birth Abroad costs $100.  

The child must meet certain requirements, including: 

  • Completed and unsigned Application for Consular Report of Birth Abroad (DS-2029) 
  • Child’s birth certificate 
  • Evidence of the parent(s)’ U.S. citizenship and identity (such as a U.S. passport, U.S. passport card, Consular Report of Birth Abroad, Certificate of Naturalization, Certificate of Citizenship or timely filed U.S. birth certificate) 
  • Evidence of the U.S. citizen parent(s)’ physical presence or residence in the United States prior to the birth of the child (such as school, employment, tax, bank, and medical records, utility bills, rent receipts, affidavits or other official public documents) 
  • Parents’ marriage certificate (if applicable) 
  • Evidence previous marriages have been terminated (if applicable) 

The U.S. Department of State recommends that parents file for the Consular Report of Birth Abroad as soon as possible. Both the U.S. citizen and the child have to be present to apply for the CRBA. If parents plan to travel with the child, they must request the report at least three months in advance of travel to have enough time to apply for a U.S. passport for the child. 

If a U.S. citizen has a child born in a U.S. territory, that child is already an American citizen and doesn’t need the CRBA. The United States includes the fifty states and the District of Columbia, plus U.S. territories of Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands. Instead of the CRBA, parents request a birth certificate to establish citizenship. 

Adult Children of U.S. Citizens 

If a parent naturalized but officially became a U.S. citizen after their child reached 18 years of age, they can still obtain citizenship.  

Permanent Resident 

If a parent naturalized but their kid is 18 or older, they will need to file a naturalization application. Applicants use Form N-400, Application for Naturalization, once they meet the usual citizenship requirements. 

Petitioning a Child  

If one of the parents became a U.S. citizen after their child turned 18, a parent can petition an adult child using Form I-130, Petition for Alien Relative. Adult children fall into the F1 or F3 family preference categories, depending on a parent’s marriage status. After immigrating and fulfilling naturalization requirements, adult children can apply to become a citizen through the regular naturalization process. 

Obtaining U.S. Citizenship Successfully 

In either one of these scenarios, starting the citizenship journey for a newborn child or as an adult, it is important to submit completed applications to USCIS with all the documents and payment fees required. Like other processes, USCIS may reject or deny incomplete or incorrect applications, and applicants, whether parents or adults, will need to re-apply and pay again for a new application. OPA's 1% interest immigration loan can be used for Citizenship Certificates and the N-400 application. Together, we can help you work towards achieving citizenship status successfully. 

 

The information provided on www.onepercentforamerica.org is intended for general informational purposes only. It should not be considered as professional advice or a substitute for seeking professional guidance.

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