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Citizenship Through Parents

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.To become a citizen at birth, you must:

  • Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR

  • had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements

To become a citizen after birth (but before the age of 18), you must:

  • Apply for “derived” or “acquired” citizenship through parents and

  • Apply for naturalization

Who May Qualify for Acquisition of Citizenship

The law in effect at the time of birth determines whether someone born outside the United States to a U.S. citizen parent (or parents) is a U.S. citizen at birth. In general, these laws require that at least one parent was a U.S. citizen, and the U.S. citizen parent had lived in the United States for a period of time.

Definition of Child

In general, a child for citizenship and naturalization provisions is an unmarried person who is:

  • The genetic, legitimated, or adopted son or daughter of a U.S. citizen; or

  • The son or daughter of a non-genetic gestational U.S. citizen mother who is recognized by the relevant jurisdiction as the child’s legal parent.

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship. A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;

  • The child is under 18 years of age;

  • The child is a lawful permanent resident (LPR); and

  • The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

Children of U.S. Citizens Residing Outside the United States

Children residing outside of the United States may obtain citizenship. A child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:

  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;

  • The child’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;

  • The child is under 18 years of age;

  • The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and

  • The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.

Citizenship Through Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills certain requirements.

You May Qualify for Naturalization if:

  • You have been a permanent resident for at least 5 years and meet all other eligibility requirements; OR

  • You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen; OR

  • You have qualifying service in the U.S. armed forces and meet all other eligibility requirements; OR

  • Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

If you are a green card holder for at least 5 years

  • … you must meet the following requirements in order to apply for naturalization:

  • Be 18 or older at the time of filing

  • Be a green card holder for at least 5 years immediately preceding the date of filing the Application

  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application. Students may apply for naturalization either where they go to school or where their family lives (if they are still financially dependent on their parents).

  • Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application

  • Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application

  • Reside continuously within the United States from the date of application for naturalization up to the time of naturalization

  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).

  • Be a person of good moral character.

Spouses & Children of Military Members

Spouses of members of the U.S. armed forces (service members) may be eligible for expedited or overseas naturalization. Children of service members may also be eligible for overseas naturalization.

Citizenship

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Disclaimer

The information contained herein is for general informational purposes only and should not be construed as legal advice.  You should consult with your immigration attorney for an in depth evaluation of your case.

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