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Application for Naturalization

Acquisition of U.S. Citizenship at Birth and Certificates of Citizenship 

Citizenship for Children 

 

A person born in the United States or its territories, subject to the United States' jurisdiction, is a U.S. citizen at birth. A person born outside of the United States may also acquire U.S. citizenship at birth if they meet the applicable requirements. In other circumstances, children of U.S. citizens can become U.S. citizens after fulfilling specific requirements, either by applying abroad or through admission to the U.S. as permanent residents.

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The rules of citizenship acquisition and derivation are complex. If you are a U.S. citizen and would like to learn about your children’s rights, please contact our firm at https://www.rsbilaw.com/contact-us, and our attorney will assist you in determining their eligibility. 

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Acquisition of Citizenship 

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Generally, a child born outside the United States acquires citizenship if both parents are U.S. citizens and at least one parent has lived in the United States or one of its outlying possessions.

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In cases where only one parent is a US citizen at birth, the child acquires citizenship if the US citizen parent meets the US's residence or physical presence requirements. These requirements depend on the applicable law at the time of birth.

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For assistance in determining your children's status, you can consult with our expert U.S. citizenship attorney.​

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The Child Citizenship Act of 2000​

 

The U.S. Congress enacted the Child Citizenship Act of 2000 in October 2000. This Act includes two provisions that enable foreign-born, biological, and adopted children of U.S. citizens to obtain U.S. citizenship if they meet specific requirements before turning 18. 

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The Act is applicable to children who did not gain U.S. citizenship at birth. According to the law, a child born outside the United States automatically becomes a U.S. citizen when all of the following conditions are satisfied on or after February 27, 2001:

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  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;

  • The child is under 18 years of age;

  • The child is a lawful permanent resident (LPR), and

  • The child resides in the United States under the legal and physical custody of the U.S. citizen parent.

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Certificate of Citizenship 

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A Certificate of Citizenship is documentation of citizenship status issued by the U.S. Citizenship and Immigration Services (USCIS) for those who acquired citizenship at or after birth. A person born abroad who is a U.S. citizen at birth is not required to file an Application for a Certificate of Citizenship and may file for a U.S. Passport with the Department of State through the U.S. Consulate at their residence.

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To apply for citizenship and obtain a Certificate of Citizenship, you must file Form N-600 Application for Certificate of Citizenship or an N-600K Application for Citizenship and Issuance of Certificate (for those residing abroad). With the application, you must provide supporting documents, including your Birth Certificate and Birth Certificate or Record of Your U.S. Citizen Parent.

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If you would like to learn more about this topic, please contact our office.

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Contact us today to learn more about your rights and about our Immigration Services.

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