When Can a Child Receive U.S. Citizenship Through Their Parent?

 Posted on June 21, 2023 in Immigration

When people are born in the United States, they are automatically granted U.S. citizenship, which can provide them numerous benefits. However, when a child is born outside of the United States, and at least one of their parents is a U.S. citizen, steps will usually need to be taken to ensure that the child's citizenship is recognized. In these situations, parents will need to understand when their children will be eligible for citizenship, and they can work with an immigration attorney to ensure that all issues related to citizenship or naturalization will be handled correctly.

Eligibility for Citizenship for Children Born Outside the U.S.

Whether a child may be recognized as a U.S. citizen will depend on the citizenship of their parents and whether the parents were married at the time of the child's birth. A child who is born abroad may receive citizenship in the following situations:

• Two U.S. citizen parents who are married - If both parents were citizens, and they were married at the time of the child's birth, or their marriage ended within 300 days before the child was born, the child will acquire citizenship. However, at least one of the parents must have resided in the United States before the child was born.

• Two U.S. citizen parents who are unmarried - If both parents are citizens, but the couple is unmarried, the child may be recognized as a citizen if the mother maintains a physical presence in the United States for at least one year prior to the child's birth. Alternatively, citizenship can be acquired if paternity is established and the father agrees in writing to provide financial support for the child until they reach adulthood. In these cases, the father must have had a physical presence in the United States for at least five years prior to the child's birth, and at least two of those years must have occurred after the father reached the age of 14.

• A U.S. citizen parent and a non-citizen parent who are married - A child will acquire citizenship if their U.S. citizen parent was physically present in the United States for at least five years before the child was born, with at least two of those years taking place after the parent was 14 years old.

• A U.S. citizen father and a non-citizen mother who are unmarried - A child may be recognized as a citizen if paternity has been established and the father has agreed to provide child support. The same physical presence requirements will apply when both parents are U.S. citizens.

• A U.S. citizen mother and a non-citizen father who are unmarried - Children born prior to June 11, 2017 may acquire citizenship if their mother had been physically present in the U.S. for one year before the child was born. For children born after June 11, 2017, the mother must have been physically present in the U.S. for at least five years, with two of those years taking place after she reached the age of 14.

To ensure that their child is recognized as a U.S. citizen, a parent can file Form N-600 (Application for Certificate of Citizenship) with U.S. Citizenship and Immigration Services (USCIS). Supporting documentation will need to be provided, including the child's birth certificate, proof of citizenship for one or both parents, proof of paternity and financial support (if required), and evidence that the applicable physical presence requirements have been met.

Contact Our Orange County Citizenship Lawyers

While children can receive citizenship through their parents, it is vital to ensure that all eligibility requirements have been met and that all forms and documents are filed correctly. At Vasquez Law Firm, PLLC, our Orlando citizenship attorneys can guide while addressing these matters, and we can help address any complications that may arise during the process. Contact us at 407-955-5000 today to arrange a complimentary consultation.