A child born in the U.S. to non-citizen parents may be granted automatic citizenship through the principle of birthright citizenship. However, this automatic status doesn’t apply if the child is born outside the country, even if one or both parents are U.S. citizens. In such cases, additional efforts may be required on the child’s behalf, a process that is nonetheless achievable. This blog outlines the procedure for applying for U.S. citizenship for a child and how a dedicated Middlesex County, New Jersey Citizenship and Naturalization Lawyer can assist in establishing the same legal status for both parent and child.
What is the Child Citizenship Act of 2000?
The Child Citizenship Act of 2000 (CCA) is a law that amended the Immigration and Nationality Act (INA), enabling certain foreign-born children of U.S. citizens to automatically acquire citizenship. This helps keep families together, ensuring children avoid unnecessary separation from their parents. Essentially, it streamlines the process for children of U.S. citizens to gain this legal status.
How Do I Apply for Citizenship for My Children?
After clarifying the implications of the CCA, a child born outside of the U.S. but currently residing within its borders may automatically acquire citizenship if the following conditions have been met on or after February 27, 2001:
- The child has at least one parent, biological or adoptive, who is a U.S. citizen by birth or naturalization.
- The child is under the age of 18.
- The child possesses LPR status in the country.
- The child resides in the U.S. under the legal and physical custody of a U.S. citizen parent, biological or adoptive.
Conversely, for a child born outside the U.S. and still residing in a foreign country, a pathway to citizenship remains available through the naturalization process, provided the following criteria are met:
- The child has at least one parent, biological or adoptive, who is a U.S. citizen by birth or naturalization.
- The child is under the age of 18.
- The child resides outside the country under the legal and physical custody of a U.S. citizen parent.
- The child is lawfully admitted, physically present, and maintaining lawful status in the country at the time of the application.
- The child’s U.S. citizen parent or grandparent fulfills the physical presence requirements in the U.S.
You will need to complete Form N-600, Applying for the Certificate of Citizenship, and may need to attend an interview with USCIS. If approved, the child will receive a Certificate of Citizenship as proof of their legal status.
If this information aligns with your unique circumstances and concerns, we encourage you to seek further guidance from a qualified New Jersey immigration attorney. At the Law Offices of Aditya Surti, LLC, we are prepared to help you navigate your legal options and guide you through every step of this complex process. Connect with our firm today to learn how we can assist you.