Children born abroad to a U.S. citizen parent may be eligible for U.S. citizenship. The eligibility criteria, generally depends on the date of birth of the child.
If the child is eligible, then the parents may be able to apply for citizenship in one of two ways:
The following is typically required as evidence when applying for citizenship for a minor child born and residing abroad:
1) Evidence of the U.S. citizen(s) parent's citizenship (for example, U.S. birth certificate, Citizenship Certificate, or U.S. Passport)
2) The birth certificate of the child, showing the relationship to the U.S. citizen parent.
3) The marriage certificate of the parents (if applicable). This is because sometimes citizenship eligibility is affected depending on whether the child was born in or out of wedlock. Or, different evidence may be necessary.
4) Evidence of physical presence in the U.S. - Physical presence means the time spent physically present in the U.S.. Generally speaking, the U.S. parent needs to be able to show that they have at least 5 years of physical presence in the U.S., and 2 of those years should be after the age of 14. Depending on the application type, the minor may also be able to rely on the grandparent's physical presence in the U.S.
5) Lawful admission and status in United States - if a citizenship interview waiver is not granted, the application may require an interview and this is typically done at a US USCIS location. Thus, the child needs to be able to be lawfully admitted in the United States.
How do I know if my child born abroad is eligible for citizenship?
These are some of the rules that may apply:
For children under the age of 18 years who were born abroad to U.S. citizen parent(s), the following rules apply:
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Child born in wedlock to two U.S. citizen parents |
Entitled to citizenship, provided one of the parents had, prior to the birth of the child, been resident in the U.S. or one of its outlying possessions. No specific period of time is required. |
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Child born in wedlock to one U.S. citizen parent and one non-U.S. citizen parent (on or after Nov. 14, 1986) |
May be entitled to citizenship, provided the U.S. citizen parent, prior to the birth of the child, was physically present in the U.S. or one of its outlying possessions for 5 years, at least 2 years of which were after s/he reached the age of 14. |
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Child born in wedlock to one U.S. citizen parent and one non-U.S. citizen parent (on Dec. 24, 1952 - Nov. 13, 1986) |
May be entitled to citizenship, provided the U.S. citizen parent, prior to the birth of the child, was physically present in the U.S. or one of its outlying possessions for at least 10 years, at least 5 years of which were after s/he reached the age of 14. |
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Child born in wedlock to one U.S. citizen parent and one non-U.S. citizen parent (on July 4, 1946 - Dec. 23, 1952) |
May be entitled to citizenship, provided the U.S. citizen parent, prior to the birth of the child, was physically present in the U.S. or one of its outlying possessions for at least 10 years, at least 5 years of which were after s/he reached the age of 16. |
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Child born in wedlock to one U.S. citizen parent and one non-U.S. citizen parent (on Jan. 13, 1941 - July 3, 1946) |
May be entitled to citizenship, provided the U.S. citizen parent, prior to the birth of the child, was physically present in the U.S. or one of its outlying possessions, any time before the applicant’s birth |
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Child born in wedlock to one U.S. citizen parent and one non-U.S. citizen parent (before Jan. 13, 1941) |
May be entitled to citizenship, provided the U.S. citizen parent, prior to the birth of the child, was physically present in the U.S. any time before the applicant’s birth |
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Child born out of wedlock to a U.S. citizen father |
May be entitled to citizenship, provided the U.S. citizen father had been physically present in the U.S. or one of its outlying possessions for 5 years, 2 years after the age of 14. In addition, the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until s/he reaches the age of 18 years. |
How much does an immigration charge for helping me obtain citizenship for my child born abroad?
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