Naturalization and Citizenship
Naturalization and Citizenship in the United States
A foreign national may obtain U.S. citizenship and become eligible to live and work in the United States by acquiring lawful permanent residency (Green Card). Typically, permanent residency is granted based on employment or family relationships.
What Is a Green Card?
This status is known as lawful permanent residency. It allows a person to legally live and work in the U.S., and it serves as a preliminary step toward naturalization.
The U.S. Naturalization Path
✅ Green Card holders based on employment, and most permanent residents, may apply for naturalization after 5 continuous years of residence in the U.S., provided that at least half of that time was physically spent in the U.S. and no single absence exceeded 6 consecutive months.
✅ Green Card holders based on marriage may apply for U.S. citizenship after 3 continuous years of residence in the U.S.
U.S. Citizenship for Children
👶 Children born in the U.S. automatically acquire U.S. citizenship, regardless of their parents’ immigration status.
👶 Children born outside the U.S. may acquire citizenship if at least one parent was a U.S. citizen at the time of birth and that parent had lived in the U.S. for at least 5 years, including at least 2 years after the age of 14.
Expedited Citizenship for Children (1955 Law)
In 1955, the “Expedited Citizenship” law was passed, allowing children born outside the U.S. to a U.S. citizen parent — and who are under 18 — to acquire citizenship based on the residency of a U.S. citizen grandparent.
✔ The grandparent must be a U.S. citizen and must have resided in the U.S. for at least 5 years, including 2 years after the age of 14.
✔ The application is submitted to U.S. immigration and citizenship authorities, along with evidence of the grandparent’s physical presence in the U.S.
Transmitting U.S. Citizenship to Children
There are several ways for children and adults with U.S. citizen parents to acquire citizenship.
When a child is born, most families focus on the joy of welcoming a new family member. However, the U.S. Constitution and federal laws determine who is eligible for U.S. citizenship, and for many American families, recognizing this eligibility is considered straightforward.
For others—particularly those whose children were born outside the U.S.—there are important aspects to consider regarding citizenship. Depending on the circumstances, complex rules may apply that define how citizenship can be claimed through a parent.
Children can acquire U.S. citizenship at birth abroad or derive it through their parents after birth. Even if the child is now an adult, there is often a way to document citizenship and obtain official proof, such as a U.S. passport. However, delaying the process may jeopardize recognition. Therefore, obtaining proof of citizenship as early as possible is essential.
This guide addresses the following three scenarios:
• A parent was a U.S. citizen at my birth abroad, and I am under 18.
• A parent was a U.S. citizen at my birth abroad, and I am over 18.
• A parent became a U.S. citizen after my birth and before I turned 18.
Citizenship Through Birth in the U.S.
The 14th Amendment to the U.S. Constitution states that all persons born or naturalized in the United States are citizens. Children born in the U.S. are entitled to citizenship regardless of their parents’ immigration status or citizenship — this is known as “birthright citizenship.”
To establish this citizenship, parents must obtain an official birth certificate. In most U.S. states, the certificate can be requested from the local Department of Health. With this document, parents can also obtain a U.S. passport — a crucial tool for the child’s return to the U.S. in the future.
Citizenship for a Child Born Outside the U.S.
If you are U.S. citizens and your child was born abroad, you must report the birth to the nearest U.S. embassy or consulate. The consular officer will issue a *Consular Report of Birth Abroad (CRBA)*, which is equivalent to a U.S. birth certificate.
This report serves as proof of citizenship through the parents and greatly facilitates obtaining a passport, though it is not valid for travel on its own. Even if a CRBA was not requested immediately after birth, it can still be issued as long as the child is under age 18.
Children born in U.S. territories — such as Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands — are considered U.S. citizens and do not require a CRBA, only a local birth certificate.
Requirements for CRBA Application
To apply for a CRBA, the following conditions must be met:
• At least one parent was a U.S. citizen at the time of the child’s birth.
• The parent must prove a biological or legal (including adoption) relationship with the child.
• The U.S. citizen parent must prove physical presence in the U.S. for a specific period prior to the child’s birth.
Requirements vary depending on the child’s date of birth and the parents’ marital status. If both parents are U.S. citizens and married, it is generally sufficient to prove prior residence in the U.S. However, in cases of unmarried parents or where only one parent is a citizen, additional conditions apply.
Special Circumstances
U.S. citizen parents — including same-sex couples — can transmit citizenship to children born via fertility treatments or adoption. However, when donors or surrogates are involved, the situation may become complicated, particularly in proving the parent-child relationship.
Adults Born Abroad
If you were born to a U.S. citizen parent but are now an adult, you may still qualify for citizenship. If the parent was a citizen at your birth and met the required U.S. physical presence conditions, you may apply for a *Certificate of Citizenship* (not a CRBA) using Form *N-600*.
For children born after November 14, 1986, the requirements are:
• One parent was a U.S. citizen at birth.
• The parent lived in the U.S. for at least 5 years prior to the child’s birth, including at least 2 years after the age of 14.
Obtaining a Certificate of Citizenship (N-600)
Submitting Form N-600 is the official process for receiving a Certificate of Citizenship. Once issued, it serves as proof of citizenship and can be used for obtaining a passport and more.
Acquiring Citizenship After Birth Through a Parent
A child may acquire U.S. citizenship after birth if a parent naturalized before the child turned 18. The following conditions must be met:
• At least one parent is a U.S. citizen (by birth or naturalization).
• The child is under age 18 and holds a Green Card (permanent resident).
• The child physically resides with the U.S. citizen parent in the U.S.
All conditions must be met *simultaneously*, though they can occur in any order.
For Adults Whose Parent Naturalized
If your parent became a U.S. citizen *after* you turned 18, you may still apply for citizenship, but you will need to go through the *naturalization* process independently.
If you live abroad and your U.S. citizen parent wants to reunite with you, they must file *Form I-130* for an alien relative. Based on your family status, you will be classified under category *F1* or *F3*. Once you obtain an immigrant visa and meet the naturalization requirements, you may become a U.S. citizen through the regular process.
CONTACT US
You may be eligible for a number of different visa categories. Each visa category has different requirements and obligations so that it is best to seek professional advice in order to select the visa most beneficial and suitable to your circumstances.
Kangaroo Migration Services is a company that has for many years dealt with and continues to deal with immigration and citizenship issues to the USA.
Please feel free to contact us to discuss with our representative the options available to you and/or to complete our questionnaire and send it to us.