The law regarding the citizenship of a child born out of the United States is very complex. You should schedule a consultation with one of our attorneys so we can evaluate your specific case.

Generally, children of U.S. citizens may acquire citizenship automatically at birth, through derivation, or via naturalization. Below is a breakdown of the key requirements for each pathway.

1. Automatic Acquisition at Birth

• Born in the United States: Children born in the U.S. are generally U.S. citizens under the 14th Amendment, regardless of parental citizenship.

• Born Outside the United States:
  • At least one parent must be a U.S. citizen at the time of the child's birth.
  • The U.S. citizen parent must have resided in the United States or its outlying possessions for a required period prior to the child's birth (specific durations depend on the law in effect at the time of birth, such as 5 years total with at least 2 after age 14 for one citizen parent).
  • Eligibility is determined by the law applicable on the date of birth.

2. Derivation of Citizenship Under INA Section 320 (For Children Residing in the U.S.)

This applies to children who become citizens automatically upon meeting the criteria on or after February 27, 2001. All conditions must be met simultaneously:

• At least one parent (including an adoptive parent) is a U.S. citizen by birth or naturalization.
• The child is under 18 years of age.
• The child is a lawful permanent resident (LPR, i.e., has a Green Card).
• The child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent.

To document this citizenship, file Form N-600 (Application for Certificate of Citizenship).

3. Naturalization Under INA Section 322 (For Children Residing Outside the U.S.)

This process is for children living abroad who do not automatically acquire citizenship.

Requirements include:

• At least one parent (including an adoptive parent) is a U.S. citizen by birth or naturalization.
• The U.S. citizen parent (or, if deceased, a U.S. citizen grandparent) must meet physical presence requirements in the U.S. or an outlying possession (typically 5 years total, with at least 2 after age 14).
• The child is under 18 years of age.
• The child is residing outside the U.S. in the legal and physical custody of the U.S. citizen parent (or a person who does not object if the parent is deceased).
• The child must be lawfully admitted to the U.S., physically present, and maintaining lawful status at the time of application approval and naturalization.

File Form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322).

Additional Conditions and Special Considerations

• Definition of "Child": Must be an unmarried person under 18 who is the genetic, legitimated, or adopted son/daughter of a U.S. citizen, or the child of a non-genetic gestational U.S. citizen mother recognized as the legal parent by the relevant jurisdiction.
• Adopted Children: Eligible if the adoption creates a qualifying parent-child relationship under U.S. immigration law.
• Military Families: Children of U.S. citizen military members stationed abroad may complete the INA 322 process from outside the U.S., with expedited options available.
• General Notes: Requirements can vary based on the date of birth or relevant events (e.g., pre- vs. post-2001 laws). Always consult USCIS for the most current details, as laws may change. Proof of citizenship can be obtained via a Certificate of Citizenship if not automatically documented.

For personalized guidance, please consult with an attorney.

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