Obtaining a U.S. Citizenship for a Child

Obtaining a U.S. Citizenship for a Child

There are different ways to obtain a U.S. citizenship for a child depending on whether they were born in the U.S., born outside of the U.S. to at least one U.S. citizen, or if they were adopted. Some of the key ways to obtain a citizenship for your child is; 

Consular Report of Birth Abroad (CRBA)

If you are a U.S. citizen residing abroad and your child is born in the country you are residing in, then you should apply for a Consular Report of Birth Abroad (CRBA) as soon as possible after birth. A CRBA is the official proof of U.S. citizenship for a child born outside the United States to at least one U.S. citizen parent. It is required for the child to obtain a first U.S. passport. Applications must be made before the child turns 18. All CRBA applications abroad are processed by your local embassy or consulate.Both parents (if applicable) and the child must attend the CRBA appointment in person. If one parent cannot attend, a DS-3053 notarized at a U.S. Embassy or Consulate is required.

A child may acquire U.S. citizenship at birth if one parent was a U.S. citizen at the time of birth and meets the physical presence and parental relationship requirements under the Immigration and Nationality Act. At least one parent must have a genetic connection to the child. The U.S. parent must have been physically present in the U.S. for 5 years before the birth, with 2 years after age 14. Children under the age of 18 are eligible for a CRBA. 

The first step is to complete the CRBA online (eCRBA) through MyTravelGov. You will also need to complete a DS-11 form for your child’s passport. You can also request a social security number, though it is optional. Next you will need to gather the relevant documents to bring to the in-person appointment at your local embassy or consulate. 

CRBA and passport issuance typically take about four weeks. Social Security cards are mailed separately by the SSA.

Naturalization N-400 Automatic Citizenship (Children Under 18)

The naturalization process is where foreign nationals who are lawful permanent residents, green card holders, can apply for U.S. citizenship. Unlike birth-right citizenship, naturalization requires certain residency requirements, language/culture tests, age, and good character. However, for the case of children, if their parents are applying for citizenship through naturalization the child will automatically be granted citizenship if they meet certain conditions. There are several specific requirements, forms, and cases where a child may not automatically become a U.S. citizen through the naturalization of their parents. 

The following conditions must be met before a child of parents who obtained citizenship through naturalization, can become a naturalized citizen.

• The child must be under 18 when parents naturalize. 
• The child must be a lawful permanent resident (green card holder)
• The child must be residing in the U.S., in the parent’s legal and physical custody 
• The child must not be married

N-600 (No Automatic Citizenship) 

If the child’s citizenship is not automatic, or they must provide more information. The parents will file form N-600, which is an Application for Certificate of Citizenship. Form N-600 allows U.S. citizen parents to prove their child acquired citizenship automatically at birth abroad or before age 18. This is another option besides naturalization. Parents or legal guardians (who are U.S. citizens) file for a minor child. They should after the parents have naturalized and their child meets the requirements for a U.S. citizenship. You should also file for a form N-600 if the child was born outside of the U.S. and claimed citizenship through their parents but did not receive a Consular Birth Report Abroad before they turned 18.

Determine your eligibility: does your child qualify under the laws in effect at the time of their birth or before age 18?

The N-600 Process: 

• Gather evidence; birth certificate, parent’s marriage certificate, parent’s naturalization/citizenship proof, green cards, and photos.
• File Form N-600 through USCIS; this can be done online or by mail. 
• Pay the required filing fee of $1,385; refer to the USCIS website for exemptions (i.e. military personnel, adopted individuals, etc).
• Biometrics appointment; this is an in-person appointment where fingerprints and photos are taken.
• Oath of allegiance; children over 14 will take the oath, while children under 14 usually don’t.
• Receive the certificate; USCIS will issue the certificate of citizenship after approval; this usually happens after the child has surrendered their green card (if applicable) and after taking the oath. 

Once the child gets their Certificate of Citizenship, they can apply for a passport. While the form N-600 proves that the child is a U.S. citizen, they can obtain a passport which also serves as proof of citizenship. 

Children Residing Outside the U.S. (N-600K)

In the case that a child of U.S. citizens born abroad wants to be naturalized, they must follow the N-600K process. The Child Citizenship Act of 2000 changed the Immigration and Nationality Act (INA) to include foreign-born children who did not automatically become U.S. citizens because they did not meet certain requirements that are needed for the naturalization and N-600 processes above. The N-600K is for children residing outside the U.S., born to U.S. citizen parents. 

Children that reside outside the U.S. are eligible for naturalization if the following conditions are met: 

• The person is a child of a U.S. citizen who obtained their citizenship from birth or naturalization. (Including adoptive parents).
• The child’s parent or legal guardian meets the required physical presence in the U.S. or an outlying possession. 
• The child is under the age of 18.
• The child is residing outside of the U.S. in legal custody of a U.S. citizen.
• The child is lawfully admitted and physically present in the U.S. at the time the application is approved and at the time of naturalization. 

N-600K Filing Process: 

1. Complete N-600K form

1. Gather documents; child’s relationship to the U.S. citizen (parent and/or legal guardian), the guardian’s required physical presence (school, work, tax records, etc). 

1. Pay the filing fees of $1,170; refer to the USCIS website for exemptions. 

1. Form can be filed through mail to the designated USCIS lockbox. 

USCIS will send a preliminary approval after they review your case. An in-person interview will be scheduled in the U.S. in a USCIS office. Make sure the child obtains a non-immigrant visa to enter the U.S. to attend the interview. The approval of your child’s citizenship is at the discretion of the USCIS officer, if approved the child must take the Oath of Allegiance. They will then receive a Certificate Of Citizenship. The final step is applying for a U.S. passport using the child’s Certificate of Citizenship. 

The key advantage with filing a N-600K form is this route grants citizenship for the child and a certificate of citizenship for life, while allowing the family to remain abroad. 

Grandparents as Petitioners 

If you are a U.S. citizen and a grandparent of a foreign child, they may be eligible for a U.S. citizenship through the Form N-600K, Application for Citizenship and Issuance of Certificate process. This process grants a Certificate of Citizenship to a child born abroad who did not automatically acquire citizenship at birth.

A U.S. citizen grandparent is allowed to apply for citizenship of their foreign born grandchild if and only if: 

• If the child’s parent (the grandparent’s child) has died, or does not meet physical presence requirements.
• The U.S. citizen grandparent must be physically present in the U.S. for at least 5 years (2 after age 14).
• The child the grandparent is sponsoring must be under 18, residing outside the U.S.
• They must have some sort of legal guardian (if the U.S. citizen parent is deceased,the child must be in the legal and physical custody of a person who does not object to the application). 

If your child has just turned 18, you cannot file Form N-600K because your child must complete the adjudication process and take the Oath of Allegiance before their 18th birthday.

IMPORTANT NOTE: This form must be filed within 5 years of the death of the child’s parent (and/or guardian).

The grandparent can file their N-600K application through an online applications with an USCIS account or by mail with the following documents; 

• The N-600K USCIS form, 
• supporting documents (birth/death certificates), 
• and fees

When you file Form N-600K, you will provide a preferred interview date. You, the U.S. citizen grandparent, and your child must appear in person to be interviewed by a USCIS officer.

The USCIS officer at the interview will determine if the N-600K form is approved or not. If approved they will issue your child a Certificate of Citizenship after the interview. If your child is over 14 years of age, they will take the Oath of Allegiance. If your child is under the age of 14, we may not require them to take the Oath of Allegiance.

Adopted Children (Foreign Born)

Foreign-born adopted children usually acquire U.S. citizenship automatically under the Child Citizenship Act of 2000 if they are under 18, hold Lawful Permanent Resident status, and reside in the U.S. in the legal/physical custody of at least one U.S. citizen parent. They must enter on an IR-3 or IH-3 visa, or be re-adopted in the U.S. 

Under the Child Citizenship Act, a child automatically becomes a citizen if all these conditions are met:

• At least one parent is a U.S. citizen (by birth or naturalization).
• The child is under 18 years old.
• The child is a lawful permanent resident.
• The child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent.

Adoption Types: 

Hague Convention Country: If adopting from a country that is part of the Hague Adoption Convention, the child usually receives an IH-3 or IH-4 visa.

Non-Hague Country (Orphan Process): For other countries, the child typically receives an IR-3 or IR-4 visa.

Legal/Physical Custody: If the adoption was finalized abroad and both parents saw the child, or if a single parent adopted, the child usually gets automatic citizenship upon entering the US. If the adoption was not finalized abroad, or the child was not seen, they must be readopted in the US.

After Adoption Next Steps: 

1. Obtain Proof of Citizenship: Even with automatic citizenship, parents should apply for a Certificate of Citizenship (Form N-600) from USCIS to prove citizenship.
2. Apply for a Passport: You can apply for a U.S. passport for the child at a U.S. Department of State facility, which serves as proof of citizenship.

The following are required documents you need for complete the passport and citizenship steps; A certified copy of the final adoption decree, evidence of the parent’s citizenship, and proof of the child’s lawful admission to the U.S

Blue Lake Law Can Help You Today

At Blue Lake Law, we have experience guiding clients through the citizenship processes for their children. No matter what immigration problems you might be facing, we understand how critical precision and speed are to your case. 

We’ll help you determine your eligibility, gather the required documentation, prepare you for your interview, and prepare your N-400/ N-600/ or N-600K form, ensuring that your petition is submitted correctly and efficiently. At Blue Lake Law we take pride in clear & effective communication with our clients and U.S. immigration services.