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Naturalization for Children Under 18 

By George Lake

Application for Naturalization for 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. 

 

Automatic Citizenship 

 

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

 

Application for Certificate of Citizenship Form N-600

 

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. 

 

WHO should file: 

  • 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

 

  • 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.

 

HOW to file:

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

 

  1. Gather evidence; birth certificate, parent’s marriage certificate, parent’s naturalization/citizenship proof, green cards, and photos.

 

  1. File Form N-600 through USCIS; this can be done online or by mail. 

 

  1. Pay the required filing fee of $1,385; refer to the USCIS website for exemptions (i.e. military personnel, adopted individuals, etc).

 

  1. Biometrics appointment; this is an in-person appointment where fingerprints and photos are taken.

 

  1. Oath of allegiance; children over 14 will take the oath, while children under 14 usually don’t.

 

  1. 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. 

 

Form N-600K Naturalization from Abroad (Section 322)

 

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. 

 

HOW to file: 

  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. 

 

AFTER filing:

  1. USCIS sends preliminary approval after review. 

 

  1. An in-person interview is scheduled in the U.S. USCIS office. To attend the interview the child must obtain a non-immigrant visa to enter the U.S. for the interview. 

 

  1. The interview is conducted by a USCIS officer and if approved the child must take the Oath of Allegiance and receives a certificate of citizenship 

 

  1. The final step is to apply for a U.S. passport using the 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. 

 

How We Can Help You

 

At Blue Lake Law, we have experience guiding clients through the naturalization process through Form N-400. 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.

Contact us today to explore which naturalization path is the right choice for you and your family. 

 

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