How IR-2 children acquire automatic U.S. citizenship and how to file for a passport

If you’re a U.S. citizen living in Europe and preparing to bring your child to the United States on an IR-2 visa, you are likely balancing the excitement of a new beginning with the weight of navigating U.S. immigration law with confidence. Between school enrollments, finding a home, and managing the move, the last thing you want to worry about is your child’s legal status once you land.

At Blue Lake Law, we understand that the immigration process isn’t just about paperwork; it’s about your family’s security. One of the main benefits of the IR-2 visa is that it can transition your child to a U.S. citizen upon arrival, provided the conditions below are met. 

Contact our team of immigration specialists today

Conditions for your child’s automatic citizenship

When returning to the United States, due to a change in employment or Military orders, and you’ve built a family in the country where you were based, it can be stressful to know how long your child will have to wait for their citizenship. Thankfully, under the Child Citizenship Act of 2000 (Section 320 of the Immigration and Nationality Act), if your child enters the United States on the IR-2 visa and is under the age of 18, you don’t need to apply for citizenship for your child; they automatically acquire it. 

However, for this to happen, there are three conditions that need to be met at the same time for the change to apply: 

• U.S. citizen parent: Either you or your spouse/co-parent must be a U.S. citizen (by birth or naturalization).
• Physical & legal custody: Your child is under 18 and living in your legal and physical custody.
• Lawful entry: Your child is admitted to the U.S. as a Lawful Permanent Resident.

Filing for a Passport

When you land at a U.S. Port of Entry, the Customs and Border Protection (CBP) officer will place an I-551 stamp in your child’s foreign passport. This stamp is the primary evidence that your child has been admitted as a Lawful Permanent Resident under U.S. law. Provided the other conditions under the Child Citizenship Act of 2000 are met, your child will automatically acquire U.S. citizenship at this point.

While this stamp is crucial, you will need to ensure that you have proof of their status, which can be done by filing for a U.S. passport. As this is the quickest and most direct route, while you wait for their physical green card or Certificate of Citizenship (Form N-600, which you must actively apply for), which can take several months to process, having a document that proves your child’s status means that you can register them for their Social Security Number and enroll them on the school system much quicker. 

How to file for a U.S. passport

Because your child is a minor and this would be their first passport, you will need to apply in person at the Passport Acceptance Facility, such as a local post office. 

• Submit form DS-11: When completing this form, it is important that you don’t sign it until you are in front of an official agent, as they need to witness it.  
• Provide their current foreign passport: You will also be required to provide your child’s foreign passport with their I-551 stamp
• Proof of relationship: You will also be required to provide your child’s long-form birth certificate. (Importantly, if you are from the United Kingdom, the short version of your child’s birth certificate will not be accepted; it must be the long form with both parents’ names)
• Photos: You will need to ensure that your child’s photos meet the U.S. passport specifications

How Blue Lake Law can help

We understand that moving your family back to the United States can be stressful and overwhelming, especially when you are trying to ensure your child’s legal status in the U.S. is lawful and accurate. At Blue Lake Law, we specialize in U.S. immigration and are dedicated to ensuring that your transition to the U.S. is as stress-free and seamless as possible. 

From reviewing your documentation to handling any of the technicalities that could delay your application, our team are experts in ensuring that your visa applications are completed smoothly and accurately so that you can focus on moving rather than paperwork. 

Contact our team to ensure your child’s visa application goes smoothly.