US Citizenship Through Parents being Naturalized

Overview

Naturalization through parents is the process of gaining citizenship through one or both of your parents’ citizenship status. Adult applicants are not eligible for CRBA issuance.

In many cases, naturalization through parents applies to applicants who were a child born abroad and have a foreign birth certificate, but who have at least one parent with U.S citizenship.

Naturalization through parents is split into two categories: acquired naturalization, and derived naturalization.

Acquired Naturalization

Citizenship through acquisition means that a person can apply for citizenship if the applicant’s parent was a U.S citizen at the time of the child’s birth abroad.

Derived Naturalization

Citizenship through derivation means that a person can apply for citizenship if the applicant’s parent became a U.S citizen after the birth of the child, but before the child turned 18. In other words, the immigrant parent naturalizes during the period that their child is under the age of 18.

Immigration laws are particularly complicated with regards to applying for citizenship through parents, as laws have changed several times over the course of the century and vary according to when the child was born, when their parents were born or became citizens, or even in some cases are based on when the grandparents became citizens.

We highly recommend speaking with a professional legal advisor to avoid disappointment when applying. Our team of expert legal attorneys are here to help – contact us today online or call us on +1 844 290 6312.

Transmission

The parent(s) must:

• Have been a U.S citizen at the time of the applicant’s birth
• Have have been significantly ‘physically present’ in the U.S around the time of the applicant’s birth, which can be proven with the following documents:
  • Employment records
  • Wage and tax statements (W-2)
  • Rental receipts
  • Academic transcripts
  • Documents proving the parent provided honorable U.S military service, or was employed with the U.S government or some form of intergovernmental international organization
  • U.S passport stamps (this will not constitute as evidence if it is the sole document being submitted
• Have been the dependent (e.g. spouse) or the child of a member of someone in such military service or government employment as above.

Please note a U.S driving license will not be considered as evidence.

Filiation

The applicant must prove that they are the biological child of the U.S citizen parent they want to acquire or derive citizenship from, and their relationship must be acknowledged legally. This can be proven with either:

• A signed Acknowledgement of Paternity form
• An Order of Filiation court order.

Legitimation

The applicant, i.e. the child of a U.S citizen, must meet certain legal requirements in order to be eligible for citizenship.

If the applicant’s mother is the U.S national they are gaining citizenship from, then they automatically qualify as a legitimated citizen.

If the applicant is acquiring or deriving citizenship from their U.S citizen father, they are automatically legitimated if their father was legally married to their mother.

In any other circumstance, the applicant must prove their legitimation with the following:

• Proof that paternity was acknowledged in writing and under oath by the U.S citizen father whilst the applicant was under the age of 18 OR the paternity was confirmed by adjudication of a competent court
• Proof that the U.S citizen father agreed to provide financial support under oath until the the applicant turned 18 years old by completing the following forms:
• Affidavit of Parentage, Physical Presence and Support (DS-5507), and
• CRBA application.

If the U.S citizen father died before the applicant’s birthday, then exceptions will be made and other proof will have to be provided. There are also multiple different scenarios of family circumstances that do not fit into the categories above, which makes the application process for citizenship for children more difficult.

We are here to help. Access the support you need from a U.S immigration attorney today by contacting IAS online or calling us on +1 844 290 6312.

Overview

You can apply for citizenship through your parents online or you can file by paper.

You will need to submit a completed and signed N-600K form. The form will explain what documentation you need to include, however it is important that you don’t send original copies of evidence unless specifically requested.

You can apply with us. We have a team of expert immigration attorneys that can guide you through every step of the application process. Call us today on +1 844 290 6312 or contact us online.

After you file, you will receive a notice confirming that your application has been received, and information about the next steps, such as:

• How to provide biometric information, if applicable
• Notice to appear for interview, if applicable
• Notice of the decision

What Documents Do I Need to Apply for Citizenship Through Parents?

The types of documents the applicant should gather in order to complete the application are as follows:

• The applicant’s foreign birth certificate or birth record, with a copy translated into English if it is in a foreign language
• Two recent passport photos
• The birth certificate of the U.S citizen parent(s)
• The naturalization certificate i.e. Certificate of Citizenship of the parent
• Proof of physical presence in the U.S by the citizen parent, or citizen grandparent if applicable
• Proof that the citizen parent was a legal and physical custodian of the child applicant (this should only be required if the parents divorced or separated, or for adopted children)
• Proof that the applicant lived in the physical custody of the citizen parent when they were a child.

Other documents you may need include:

• The citizen parent’s marriage certificate(s)
• Any evidence of the citizen parent’s divorce or separation if applicable
• Proof of legitimate biological relationship, if the parents weren’t married when the applicant was born and they are applying through the U.S citizen father
• Evidence of legal guardianship
• A copy of a I-600 or I-800 form if the applicant is adopted, along with the adoption decree
• Evidence of any legal name changes
• Clarifications or explanations that may have to be included.

Overview

If you are an adopted child of a parent who is a U.S citizen or who became a naturalized citizen before you turned 18, then you are likely already a U.S citizen, even if you don’t have a Certificate of Citizenship. This is outlined under the Child Citizenship Act of 2000.

The application process for naturalization for adoptees 18 years and above is generally the same as the process outlined above regarding biological children. However, legislation differs slightly depending on when you were born, and when your adoptive parent(s) naturalized, if they weren’t born in the U.S themselves.

Acquisition of Citizenship for Adopted Children

According to the Child Citizenship Act of 2000, in order to gain U.S citizenship through acquisition, the adoptee must fit the following criteria:

• Have a U.S citizen parent
• Have been under 18 on February 27, 2001
• The child must have been a Green Card holder – i.e. hold lawful permanent residence in the U.S
• Have been in legal and physical custody of the citizen parents
• Have held an IR-3 visa when they entered the country, which will have granted citizenship

For adoptees who arrived in the US on or after January 20, 2004, they should have received a Certificate of Citizenship within the first 45 days of arriving. If you were not given a Certificate of Citizenship, you can apply for one by completing the Form N-600.

Derivation of Citizenship for Adopted Children

Gaining citizenship through derivation is only an option for adoptees whose adoptive parent naturalized to become a U.S citizen on October 5, 1978 or later.

There are also differences in derivation laws for adoptive parents who became citizens:

• between October 5, 1978 and February 26, 2001, or
• On or after February 27, 2001

If Your Adoptive Parent(s) Became Citizens Between Oct 5, 1978 and Feb 26, 2001

If this category applies to you, then both of your adoptive parents must have been U.S citizens whilst you were in their legal and physical custody. The terms are as follows:

• One of your parents was a U.S Citizen when you were born and remained so throughout your childhood until your 18th birthday, and the other became a citizen between your birth and your 18th birthday, OR
• Both adoptive parents became citizens before your 18th birthday

Other requirements include:

• That the adoptee child was a Green Card holder
• That the U.S citizen parent was your legal and physical custodian (if only one had U.S citizenship)
• You were not married before your 18th birthday
• You were 16 years old or younger before you were adopted, unless you were born between December 29, 1981 and November 14, 1986.

If Your Adoptive Parent(s) Became Citizens On or After Feb 27, 2001

If this category applies to you, you must prove that:

• At least one parent was born a U.S citizen, OR
• At least one parent became a citizen before your 18th birthday.

Other requirements include:

• Proof that you were adopted before your 18th birthday
• Proof that you were not married before you turned 18
• That you were a Green Card holder
• That the U.S citizen parent was your legal and physical custodian (if only one had U.S citizenship).