American Citizenship for Children of US Citizens

In this article, we will explain the criteria and process for granting American citizenship to the children and grandchildren of US citizens. If you are a United States citizen, your children may also be eligible for US citizenship, but it is not guaranteed.

American citizenship

American citizenship through birth in the USA

Except in minimal circumstances, if the children were born in the United States, they are automatically US citizens. 

American citizenship for those born outside the USA

To transmit US citizenship to those children born outside of the US, you must have been a US citizen before the birth of the children and lived in the United States for at least five years, two after reaching the age of fourteen. Suppose you were a US citizen before your children were born but did not live in the US for five years. In that case, your children may still be eligible for US citizenship through your parents (their grandparents), assuming they were also US citizens at the time of your children’s birth.

The process to receive American citizenship

How you obtain US citizenship for your children depends upon what category you and the children fall into. For many applicants for American citizenship, the process is pretty straightforward. You file an application for a Consular Birth Abroad with the US Embassy. This application requests recognition from the US Embassy of your US citizen children. At the same time, you can request the issuance of their first US passports. You must fill out forms and provide proof of your US citizenship, birth certificates of the children, marriage certificate (if applicable), divorce decrees (if applicable), and proof of living in the United States for five years or more. Proof of living in the United States can include US tax returns, Social Security records, school records, proof of employment, medical records, lease agreements, mortgage agreements, bills, etc. 

If you cannot prove the required time of living in the United States, it is possible you can use your parent’s physical presence in the United States to meet the five-year test. They must have been US citizens before your children’s birth. In addition, this particular transmission of US citizenship must occur before your children turn eighteen. In these cases, your children’s US citizenship must be in the United States. There are two methods to achieve this:

1. You apply for a Certificate of Citizenship with the United States Citizenship and Immigration Service (USCIS) in the United States. You must fill out certain forms and provide documentation of your parents’ US citizenship, your US citizenship, birth certificates, and proof of your parents’ five-year presence in the United States. Then, you request an appointment with a local USCIS office in the United States. When the appointment is set, you request a tourist visa for your child from the US Embassy, bring the child to the United States, and attend the interview at the local USCIS office, where the child will receive US citizenship.

2. If you are considering moving to the United States, you can file for a green card for your minor children with the USCIS as a US citizen. Once approved and the child enters the United States with an immigrant visa, the child can apply for a US passport and thus become a US citizen.

Contact us

This is a general description of obtaining American citizenship for your children. The particulars of each case can be complicated and confusing; therefore, we recommend using the legal assistance of an American citizenship lawyer. If you need assistance obtaining US citizenship for your children, don’t hesitate to contact our law office.

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