Success Story: Approval of an I-130 Petition for a Child of a U.S. Citizen Born and Residing in Italy 

Success Story: Approval of an I-130 Petition for a Child of a U.S. Citizen Born and Residing in Italy 

Our client, an Italian-American child of a U.S. citizen, requested our firm’s help to secure her birthright U.S. citizenship. This was not a straightforward naturalization case, where children born abroad to at least one U.S. citizen parent can obtain an automatic citizenship. The main reason for this was because our client’s father who is a U.S. citizen did not have sufficient physical presence in the U.S. to obtain an automatic citizenship for his child born in Italy. 

For a child born abroad to acquire U.S. citizenship automatically at birth, the U.S. citizen parent(s) generally must meet certain physical presence requirements in the U.S. prior to the child’s birth, typically having lived in the U.S. for at least 5 years, with at least 2 of those years after turning 14 (this threshold can be lower, such as just 1 year, if only one parent is a U.S. citizen and the other is a foreign national). These physical presence rules exist to ensure the citizen parent has a genuine, substantial connection to the United States before passing citizenship on to a child born overseas.

Even though our client didn’t have these requirements, our firm was still able to secure her an I-130 petition for an alien relative. In this case the child’s father was the petitioner, while our client was the beneficiary.  

Along with the I-130 petition, our firm filed an Immigrant Visa application (DS260) with the U.S. Embassy in Naples. Our client received an approval for her I-130, and is now traveling to the U.S. in a week to settle, where she will immediately begin the naturalization process. After getting our client her I-130 approval, she is able to obtain a Green Card, however the naturalization process will ensure she becomes a full fledged U.S. citizen. Blue Lake Law would like to extend a huge congratulations for our client, who is on her way to building her life in the U.S.. 

Not every child born abroad to a U.S. citizen parent qualifies for automatic citizenship, but that doesn’t mean the door is closed. At Blue Lake Law, we help families navigate alternative pathways, like the I-130 petition process, to reunite with loved ones and build a future in the U.S. If your family is facing a similar physical presence hurdle, contact Blue Lake Law today to explore the options available to you.