Citizenship through Parents

Citizenship through Parents

 

 

There are two general ways to obtain citizenship through U.S. citizen parents, one at birth and one after birth but before the age of 18.  The term “parents” includes:  the genetic father, the genetic mother, and the non-genetic gestational mother, if she is the legal parent at the time of birth under the law of the relevant jurisdiction.

 

There are two general ways to obtain citizenship through parents, one at birth and one after birth but before the age of 18.

 

In a general, a Child born outside the U.S. is a Citizen at birth when the Child’s parents are married to each other at the time of birth if:

 

  1. Both parents are U.S. citizens at the time of birth and at least one parent lived in the U.S. or its territories prior to the birth; and

 

  1. One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986, and the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14thbirthday if the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

 

  • Serving honorably in the U.S. armed forces;
  • Employed with the U.S. government; or
  • Employed with certain international organizations.

 

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

 

In a general, a Child born outside the U.S. is a Citizen at birth when the Child’s parents are not married to each other at the time of birth if:

 

  1. The genetic or non-genetic gestational legal mother is a U.S. citizen at the time of birth, and the birth date is after December 23, 1952; and the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of at least one year.

 

  1. The genetic father is a U.S. citizen at the time of birth, the mother is an alien, and the birthdate is on or after November 14, 1986; and a blood relationship between the person and the father is established by clear and convincing evidence:,

 

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

 

 

Automatic U.S. citizenship after birth – but before the age of 18: a child born outside the U.S. is a citizen after birth if

 

  1. The child was under 18 or not yet born on February 27, 2001 and At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.

 

  1. The child was under 18 from December 24, 1952 to February 26, 2001 and the child was residing as a Green Card holder in the U.S. and both parents naturalized before the child’s 18thbirthday;

 

  1. The child was adopted by a U.S. citizen parent; and the child resides legally in the U.S. in the legal and physical custody of the U.S. citizen parent and meets the following conditions after February 27, 2001 but before his or her 18thbirthday:

 

To apply for a Certificate of Citizenship, please visit http://www.uscis.gov/n-600 and read the instructions carefully to ensure that you qualify.

 

For more information, please check USCIS Policy Manual guidance on Children of U.S. Citizens, and also visit: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH.html & http://www.uscis.gov/forms/n-600-application-certificate-citizenship-frequently-asked-questions.