Children of U.S. Citizens

Children of U.S. Citizens

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

Citizenship at Birth for Children Born Outside the U.S. and its Territories

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:

• Both parents are U.S. citizens at the time of birth and at least one parent lived in the U.S. prior to the birth, OR
• One parent is a U.S. citizen at the time of birth and the birth-date is on or after November 14, 1986 and, The U.S. citizen parent had been physically present in the U.S. for a period of at least 5 years at some time in his or her life prior to the birth, of which at least 2 years were after his or her 14th birthday.

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:

• 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 for a continuous period of at least 1 year.
• The genetic father is a U.S. citizen at the time of birth, the mother is an alien, and the birth-date is on or after November 14, 1986 and a blood relationship between the person and the father is established by clear and convincing evidence. The father had the nationality of the US at the time of the person’s birth and the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years. Additionally, while the person is under the age of 18 years one of the following occurs:
  • The person is legitimated under the law of the person’s residence or domicile
  • The father acknowledges paternity of the person in writing under oath, o
  • The paternity of the person is established by adjudication of a competent court, and
• The U.S. citizen parent was physically present in the U.S. or its territories for a period of at least 5 years at some time in his or her life prior to the birth, at least 2 of which were after his or her 14th birthday.

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:

• 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.
• 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 18th birthday; OR
• If one parent died, that the surviving parent naturalized before the child turned 18.
• If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18.
• If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18.
• 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 18th birthday:
  • The adoptive parent adopted the child before his or her 16th birthday (or, in some cases, 18th birthday) and had legal custody of the child and resided with the child for at least 2 years; OR
  • The child was admitted to the United States as an orphan (IR-3) or Convention adoptee (IH-3) whose adoption by his or her U.S. citizen parent(s) was fully completed abroad; OR
  • The child was admitted to the United States as an orphan (IR-4) or Convention adoptee (IH-4) who was coming to the United States to be adopted and the child’s adoptive parent(s) completed the adoption before his or her 18th birthday.

To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.