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Citizenship for Children

Guidelines for children born abroad to U.S. citizens or adopted by U.S. citizens to acquire citizenship.

Sections

Citizenship for Children in the United States: A Comprehensive Guide

The United States offers several pathways for children to acquire U.S. citizenship, either at birth or after birth. The process depends on factors such as the child’s place of birth, the citizenship status of the parents, and whether the child is adopted. Below is a detailed guide to understanding how children can acquire or derive U.S. citizenship, including eligibility criteria, legal regulations, costs, and procedures.

1. Citizenship at Birth

Children can acquire U.S. citizenship automatically at birth under the following circumstances:

A. Birth in the United States (Jus Soli)

  • Legal Basis: The 14th Amendment to the U.S. Constitution and the Immigration and Nationality Act (INA).
  • Eligibility:
    • Any child born on U.S. soil (including the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands) is automatically a U.S. citizen, regardless of the citizenship or immigration status of the parents.
    • Exceptions: Children born to foreign diplomats or certain other foreign government officials with diplomatic immunity are not granted U.S. citizenship at birth.

B. Birth Outside the United States to U.S. Citizen Parents (Jus Sanguinis)

  • Legal Basis: INA Sections 301 and 309.
  • Eligibility:
    • At least one parent must be a U.S. citizen at the time of the child’s birth.
    • The U.S. citizen parent(s) must meet specific physical presence requirements in the U.S. prior to the child’s birth:
      • For married parents: The U.S. citizen parent must have lived in the U.S. for at least 5 years, 2 of which must have been after the age of 14.
      • For unmarried parents: If the father is the U.S. citizen, additional requirements apply, such as establishing paternity and agreeing to provide financial support for the child until age 18.
    • If both parents are U.S. citizens, only one parent needs to meet the physical presence requirement.

2. Citizenship After Birth (Derived or Acquired Citizenship)

Children who are not U.S. citizens at birth may acquire or derive citizenship through their parents under specific conditions.

A. Derivation of Citizenship Through Naturalized Parents

  • Legal Basis: INA Section 320.
  • Eligibility:
    • The child must be under 18 years old.
    • At least one parent must be a U.S. citizen (by birth or naturalization).
    • The child must be a lawful permanent resident (LPR) (i.e., hold a Green Card).
    • The child must reside in the United States in the legal and physical custody of the U.S. citizen parent.
  • Automatic Process: Citizenship is automatically granted when all the above conditions are met. No separate application is required, but parents may apply for a Certificate of Citizenship (Form N-600) as proof.

B. Citizenship for Adopted Children

  • Legal Basis: INA Sections 320 and 322 (Child Citizenship Act of 2000).
  • Eligibility:
    • The child must be under 18 years old.
    • The child must be adopted by a U.S. citizen parent.
    • The adoption must be finalized, and the child must meet the requirements of the Hague Adoption Convention or other applicable adoption laws.
    • The child must be a lawful permanent resident (LPR) and reside in the U.S. in the custody of the U.S. citizen parent.
  • Special Considerations:
    • If the child resides abroad, the U.S. citizen parent must apply for citizenship on behalf of the child using Form N-600K.

3. Application Process for Proof of Citizenship

While some children automatically acquire citizenship, parents or guardians may need to apply for official documentation to prove the child’s citizenship.

A. Certificate of Citizenship (Form N-600)

  • Purpose: To obtain official proof of U.S. citizenship for a child who acquired or derived citizenship.
  • Application Process:
    1. Complete Form N-600 (Application for Certificate of Citizenship).
    2. Submit supporting documents, such as:
      • Child’s birth certificate.
      • Parent(s)’ proof of U.S. citizenship (e.g., U.S. passport, naturalization certificate).
      • Child’s Green Card (if applicable).
      • Evidence of the parent-child relationship (e.g., adoption decree, custody order).
    3. Pay the filing fee (see below).
    4. Attend a biometrics appointment (if required).
    5. Wait for USCIS to process the application and issue the certificate.
  • Cost:
    • Filing fee: $1,170 (as of 2023).
    • Fee waivers may be available for eligible applicants based on financial hardship.

B. U.S. Passport

  • Purpose: A U.S. passport serves as proof of citizenship and allows international travel.
  • Application Process:
    1. Complete Form DS-11 (Application for a U.S. Passport).
    2. Submit supporting documents, such as:
      • Child’s birth certificate or Certificate of Citizenship.
      • Parent(s)’ identification.
    3. Pay the application fee (see below).
    4. Attend an in-person appointment at a passport acceptance facility.
  • Cost:
    • Passport book: $135 for children under 16; $165 for applicants aged 16 and older.
    • Passport card (optional): $50 for children under 16; $65 for applicants aged 16 and older.

4. Special Considerations

A. Dual Citizenship

  • The U.S. allows dual citizenship, meaning a child may hold citizenship in another country in addition to U.S. citizenship. However, some countries do not permit dual citizenship, so parents should check the laws of the other country.

B. Children Born Abroad to Military or Government Employees

  • Special provisions exist for children born abroad to U.S. citizen parents serving in the U.S. military or government. These children may acquire citizenship even if they do not meet the standard physical presence requirements.

C. Children of Undocumented Immigrants

  • Children born in the U.S. to undocumented immigrant parents are U.S. citizens by birth under the 14th Amendment.

5. Key Takeaways

  • U.S. citizenship for children can be acquired at birth (by place of birth or parentage) or after birth (through naturalized parents or adoption).
  • Proof of citizenship is not automatic in all cases; parents may need to apply for a Certificate of Citizenship or a U.S. passport.
  • Costs for documentation include $1,170 for Form N-600 and $135–$165 for a U.S. passport.
  • Special rules apply for adopted children, children of military personnel, and children born abroad.

For more information, visit the official U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov or consult an immigration attorney for personalized guidance.