Citizenship

Citizenship

Acquisition of Citizenship

Acquiring United States citizenship can be achieved through several different means, including birthright, acquisition at birth, and naturalization. Here are the main ways to acquire U.S. citizenship:

  1. Child Citizenship after Birth Abroad: Children under 18 years old who are lawful permanent residents and have at least one parent who becomes a U.S. citizen through naturalization may acquire U.S. citizenship automatically if they meet certain conditions. Please read the related section below for details.
  2. Child Citizenship at Birth Abroad:  If you are born abroad to at least one U.S. citizen parent, you may acquire U.S. citizenship at birth. The specific requirements and procedures can vary, but generally, you must have at least one U.S. citizen parent who has lived in the United States for a certain period. Please read the related section below for details.
  3. Child Citizenship through Adoption: Children under 18 years old who are adopted by U.S. citizen parents may acquire U.S. citizenship through the adoption process. Please read the related section below for details.

Child Citizenship after Birth Abroad and Residing Abroad:

The Child Citizenship Act of 2000 (CCA) made significant changes to U.S. immigration law regarding the acquisition of U.S. citizenship by children born abroad to U.S. citizen parents.  Here are the key requirements and provisions of the Child Citizenship Act of 2000:

  1. At Least One U.S. Citizen Parent: The child must have at least one U.S. citizen parent, whether by birth or naturalization.
  2. Child’s Age: The CCA primarily applies to children who were under the age of 18 on February 27, 2001. For these children, U.S. citizenship is automatically acquired if they meet the following criteria:
      • The child is a lawful permanent resident (green card holder).
      • The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
          • Note that there is no requirement of duration of the legal and physical custody. Therefore, if a child enters the US at least one day before he or she turns 18 will acquire citizenship under CCA as long as he or she meets the other requirements.
      • The child is admitted as an immigrant for lawful permanent residence.
  3. Documentation: To prove U.S. citizenship acquired under the CCA, eligible children can typically use their lawful permanent resident (LPR) cards (green cards) or Foreign Passport and immigrant visa with CPB entry stamp as evidence. There is no need to apply for a Certificate of Citizenship or file a separate application.  However, do you really need a Citizenship Certificate? Learn more about Cetificate of Citizenship. 
  4. Physical Presence: Unlike the previous requirements, the Child Citizenship Act of 2000 did not introduce a specific physical presence requirement for U.S. citizen parents. Instead, it focused on the child’s lawful permanent residency and residence with the U.S. citizen parent in the United States.

What forms to use for citizenship certificate?

Form N-600 and Form N-600K serve slightly different purposes. Filing Form N-600K allows a U.S. citizen parent to apply for their child’s naturalization if their child was born outside of the United States and regularly lives outside of the United States but is eligible for citizenship. On the other hand, if the child lives in the United States, you should use Form N-600 to obtain proof of citizenship. Suppose your child lives outside of the United States but you live in the United States. In that case, you are not eligible for Form N-600K because the child must live outside of the United States in your legal and physical custody. 

Child Citizenship at Birth Abroad

The Consular Report of Birth Abroad (CRBA) is an official document issued by a U.S. embassy or consulate to document the birth of a child born abroad to U.S. citizen parents. The CRBA serves as proof of the child’s U.S. citizenship. To obtain a CRBA, certain requirements must be met:

  1. At Least One U.S. Citizen Parent: The child must have at least one U.S. citizen parent who meets the legal requirements for transmitting U.S. citizenship to the child. This parent can be a U.S. citizen by birth or naturalization.
  2. Physical Presence in the United States: The U.S. citizen parent must have spent a certain amount of time physically present in the United States before the child’s birth. The specific requirement can vary depending on the date of the child’s birth and whether the child was born in or out of wedlock. Generally, there is a five-year physical presence requirement, with at least two of those years occurring after the age of 14 for the U.S. citizen parent.
  3. Legal Relationship: The child must have a legally recognized relationship with the U.S. citizen parent(s). This can be established through various means, including being the biological child, adopted child, or legitimate child of the U.S. citizen parent(s).
  4. Application Process: To obtain a CRBA, the U.S. citizen parent(s) must schedule an appointment at the nearest U.S. embassy or consulate in the country where the child was born. During the appointment, they will need to complete the necessary forms, provide required documentation, and pay any applicable fees.
  5. Proof of Parentage: The U.S. citizen parent(s) must provide evidence of the child’s parentage. This typically includes the child’s foreign birth certificate, the U.S. citizen parent’s U.S. passport or other proof of U.S. citizenship, and any applicable marriage certificates or divorce decrees.
  6. Affidavit of Parentage and Physical Presence: In some cases, the U.S. citizen parent(s) may be required to provide a signed affidavit affirming their relationship to the child and their physical presence in the United States as required by U.S. law.

Child Citizenship through Adoption

Child citizenship through adoption allows children who were adopted by U.S. citizen parents to acquire U.S. citizenship. The specific requirements for this process can vary depending on the adoption circumstances, including whether the adoption was completed domestically or internationally. Here are the general requirements for child citizenship through adoption:

  1. At Least One U.S. Citizen Parent: The child must have at least one U.S. citizen parent who legally adopted them. This parent must meet the legal requirements for transmitting U.S. citizenship to the child. The parent can be a U.S. citizen by birth or naturalization.
  2. Legal Adoption: The adoption must be a legal and valid adoption according to the laws of the jurisdiction where it took place. This includes both domestic and international adoptions.
  3. Custody and Residency: The child must have been legally adopted and in the legal custody of the U.S. citizen parent(s) before turning 18 years old. The child should also be residing with the U.S. citizen parent(s) as a lawful permanent resident (LPR).
  4. Finalized Adoption: The adoption process should be finalized before the child turns 18. In some cases, if the adoption is not finalized until after the child turns 18, the Child Citizenship Act of 2000 (CCA) may still apply if certain conditions are met.  Do you really need a Citizenship Certificate? Learn more about Cetificate of Citizenship. 

What forms to use for citizenship certificate?

To determine which form is appropriate for your situation, you should consider the basis of your citizenship and eligibility criteria. Here’s a general guideline:

Related Important Information:

If you are not eligible to file an N-600  or N-600K, you may need to file an N-400, Application for Naturalization. Learn more about Naturalization Requirements. 

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance

After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

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At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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