If you are a U.S. citizen living abroad and your child does not have lawful permanent resident (LPR) status, you might wonder if they can still obtain U.S. citizenship. The good news is, they can! This blog will talk about how you can take the right steps so your child can become a U.S. citizen even if they are residing outside of the United States.
Let us start by demonstrating Who Qualifies:
Your child may be eligible for U.S. citizenship through naturalization using Form N-600K, provided they meet certain requirements, including:
- Unmarried status.
- Having at least one U.S. citizen parent, either by birth or naturalization.
- Residing outside the U.S. in the legal and physical custody of their U.S. citizen parent.
- The U.S. citizen parent (or grandparent) has spent at least 5 years in the U.S. or its territories, 2 of which were after the age of 14.
- The child must be temporarily present in the U.S. at the time of application processing.
One important note is to ensure your child meets these criteria and that they take the Oath of Allegiance before their 18th birthday if required.
The law defines who is a “Child” for Citizenship Purposes. For U.S. citizenship, a “child” includes:
- A genetic or legally adopted child of a U.S. citizen parent.
- A child born to a non-genetic gestational U.S. citizen mother recognized as the child’s legal parent.
- A child of a U.S. citizen mother or father married to the child’s genetic or gestational parent at the time of birth.
You may be wondering if your child still qualifies if you have not met the Physical Presence Requirement. The answer is: possibly!
Even if you have not been physically present in the U.S. for the required period, your child can still naturalize if your U.S. citizen parent (their grandparent) meets the physical presence requirement.
Dig through all your family’s paperwork, search files, and try to find witnesses who can attest to facts that may lack documentation.
If you believe your child qualifies, to start the process, you will need to file Form N-600K, along with supporting documents such as:
- Your child’s birth certificate.
- Proof of your U.S. citizenship.
- Evidence that your child resides in your custody outside the U.S.
- Marriage certificates and proof of any previous marriages’ termination.
- Evidence of your or your parent’s physical presence in the U.S. for the required period.
It is also important to note that all Form N-600K applications are processed in the United States, meaning your child must be present in the U.S. at the time of adjudication, except in certain cases involving military families.
Immigration laws are complex, and there are no simple explanations. This blog is not to be construed as legal advice. If you believe your child may qualify for U.S. citizenship, visit our Naturalization Page for more information on how to begin the process. You can also contact us directly to discuss your child’s eligibility and get personalized assistance.
