Securing US Citizenship for a Child Born Abroad: Steps and Requirements
Children of US citizens born abroad can be granted US citizenship, even if they do not qualify for it immediately at birth. This guide explains the procedures and requirements for obtaining US citizenship for a child born to a US citizen residing abroad.
Introduction
Many US citizens reside abroad, and when they have children, ensuring those children's citizenship can be a complex process. If a DS-11 application is not eligible, it may be due to the parent not having resided in the US for the required number of years. This article will explain the next steps for securing US citizenship for a child born to a US citizen residing abroad.
Procedure for US Citizenship
If the child's birth parents have resided in the US for the requisite number of years, the child can obtain citizenship via a DS-230 application. However, if the parent did not meet the 5-year requirement, other procedures exist.
Parent-Moving to the US
If the parent and child plan to move to the US, the following steps are necessary:
Filing an I-130 Petition: The US citizen parent should file an I-130 petition to petition the child for immigration. This is the first step in the process of obtaining a permanent residence as a child of a US citizen. Immigrant Visa: The child, if under 21 and unmarried, is in the Immediate Relative category which has no backlog. The child should be able to get an immigrant visa in about a year. Upon entry to the US with the immigrant visa, the child automatically becomes a US permanent resident. US Citizenship by Residence: If the child is under 18 at the time of entering the US, he/she automatically becomes a US citizen under IRC 320 as a permanent resident under 18 living in the US with a US citizen parent.Stay Abroad
For parents residing abroad and not planning to move to the US, the process involves:
Filling N-600K Application: The child must go through the N-600K process, either via parental naturalization or a grandparent's application. Physical Presence Requirements: The US citizen parent or the child's grandparent must have had 5 cumulative years of physical presence in the US, including 2 after turning 14. If the parent never met the 5-year requirement due to a lack of presence before the child's birth, ongoing presence after the child's birth can still qualify. Interview and Oath: After the N-600K application is approved, the child must travel to the US on a visitor visa or other visitor status for an interview and to take the oath of allegiance, becoming a US citizen on this occasion.For the child to be eligible for an immigrant visa or to obtain U.S. citizenship via immigrant intent, it is crucial that they do not plan to move to the US in the near future. Otherwise, they may face difficulties in proving non-immigrant intent which is required for a visitor visa.
Conclusion
The procedure for securing US citizenship for a child born to a US citizen residing abroad is multifaceted and depends on the specific circumstances of the parents and the child. Proper planning and thorough documentation are key. For detailed steps and documentation requirements, it is advisable to contact the US Embassy in your country of residence.
To summarize, ensure:
The parent has met the required physical presence in the US, The child is under 18 at the time of applying for the immigrant visa, The application process is carried out according to the specific instructions provided by the US Embassy.If you are unsure about the eligibility or the process, please consult legal experts specializing in US immigration law or contact the nearest US Embassy or Consulate.