Navigating U.S. Citizenship for Children Born Abroad Through Parents and Grandparents

Many U.S. citizens living abroad are often unaware of the U.S. citizenship laws that determine how children of U.S. citizens acquire citizenship. These laws have been revised multiple times by the U.S. Congress, making them complex and applying different rules to different situations.

If your parents are U.S. citizens residing outside of the United States or if you are a U.S. citizen interested in bringing your children to live with you in the U.S., this article will provide you with a short review of U.S. citizenship acquisition laws and will answer some common questions on this subject.

For case-specific questions, please contact our office.

When does a person automatically become a U.S. citizen?

An individual born within the United States or its territories, and under U.S. jurisdiction, is considered a U.S. citizen from birth. A person born outside the United States can also be a U.S. citizen at birth if they meet the relevant criteria outlined below.

Does a child of two United States citizen parents born outside of the United States acquire citizenship at birth?

The general rule is that a child acquires citizenship at birth if, at the time:

• Both of the child's parents are U.S. citizens; and​

• At least one parent had/has resided in the United States or one of its outlying possessions.

A person born abroad who is a U.S. citizen at birth is not required to file an Application for Certificate of Citizenship and may file for a U.S. Passport with the Department of State through the U.S. Consulate at their place of residence.

What if only one parent is a U.S. citizen at the time of birth?

The situation becomes more complex. Suppose only one parent is a U.S. citizen at the time of the child's birth. In that case, the child obtains citizenship if the U.S. citizen parent fulfills specific residence or physical presence criteria in the United States. The evaluation of a citizenship question also hinges on whether the child was born in or out of wedlock and whether the U.S. citizen parent is the father or mother. It is advisable to consult with an attorney for a thorough analysis. To review your specific case, please do not hesitate to contact us.

Can a child born to U.S. Citizens' grandparents become a citizen?

Sometimes, children born out of the United States to U.S. citizen parents do not satisfy U.S. citizenship acquisition requirements through their parents (often because the U.S. citizen parent did not fulfill the residency requirement). However, the child might still meet the criteria for citizenship acquisition through a grandparent.

It is essential to note that this option is only available to individuals residing outside the United States and under the age of 18 at the time of application for a Naturalization Certificate.

The child can acquire citizenship through grandparents, if at the time of birth:

• Have at least one U.S. citizen parent, whether by birth or naturalization (including an adoptive parent);

• Be under 18 years of age;

• Be residing outside the United States in the legal and physical custody of the U.S. citizen parent, or if the U.S. citizen parent is deceased, in the legal and physical custody of a person who does not object to the application;

• Have a U.S. citizen grandparent who was physically present in the United States for a period or multiple periods, totaling not less than five years (at least two of which were after the U.S. citizen grandparent's 14th birthday); and

• Be temporarily present in the United States after lawful admission to complete the Form N-600K process and maintain that legal status.

If the grandparent has died, the grandparent must have been a U.S. citizen and met the physical presence requirements at the time of his or her death.

For a Certificate of Citizenship under this rule, you will need to file Form N-600K Application for Citizenship and Issuance of Certificate Under Section 322.

What if the child was born abroad and now resides in the U.S.?

In 2000, the U.S. Congress passed the Child Citizenship Act of 2000. The Act contains two provisions that allow foreign-born, biological, and adopted children of U.S. citizens to acquire U.S. citizenship if they meet specific requirements before the age of 18.

The Act applies to children who were not born with U.S. citizenship. Under the law, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

• 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 a U.S. citizen parent.

Example: Naomi was born in Peris in 2007. Her mother is a U.S. citizen by birth, and her father has no U.S. status. In 2009, the family decided to relocate to the U.S. for employment purposes. In 2019, Naomi applied for Lawful Permanent Residency (green card) through her mother and became a Lawful Permanent Resident. Her parents now want to know her status.

Naomi is a United States citizen. As a Lawful Permanent Resident, under the age of eighteen, born after Feb. 27, 2001, and residing in the U.S. under her U.S. citizen mother's legal custody, she automatically became a U.S. citizen. She can now apply for a Certificate of Citizenship and a U.S. passport.

It is essential to note that numerous variables can impact an individual case. These examples are intended to provide a general understanding of the rules and should not be considered legal advice. To evaluate your case, please contact us.

What happens when the parent becomes a U.S. citizen after a child is born?

In this article, we discuss citizenship acquisition, which refers to the rules that govern children born to U.S. citizens. The term "citizenship derivation" relates to cases where the parent was not a U.S. citizen at the time of childbirth but naturalized while the child was under eighteen. In such cases, a child might have acquired citizenship through the parent's naturalization.

If one or both of your parents became U.S. citizens before you turned eighteen, please contact our office for a consultation regarding citizenship derivation.

What is the difference between a U.S. Passport and a Naturalization Certificate?

A Certificate of Citizenship is documentation of citizenship status issued by the U.S. Citizenship and Immigration Services (USCIS). To obtain one, you will need to file Form N-600 Application for Certificate of Citizenship or N-600K Application for Citizenship and Issuance of Certificate (for those residing abroad) with USCIS. If the application is for a child who has not yet reached 18 years of age, the child's U.S. citizen parent or legal guardian must submit the application.

A U.S. Passport is a travel document issued by the Department of State. To apply for a U.S. passport, you will need to file a Form DS-11 Application for a U.S. Passport with the Department of State. A U.S. passport is good for ten years, after which you will need to file for a renewal.

Conclusion

If you were born outside the United States and your parents are U.S. citizens, you may also be or become a U.S. citizen. Factors, including your birth date and your parents' prior residency in the U.S., will determine the applicable law for your case.

For more information, please contact our law firm.

*This article has been prepared for general information purposes only.  The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change without notice. Readers should contact their attorney to obtain advice with respect to any particular legal matter