Under U.S. law, minor children born outside the U.S. can usually acquire U.S. citizenship through a citizen parent. However, the process of obtaining citizenship through one’s parents is often a complicated one. Factors that may affect the process include the child’s age and whether one or both of the child’s parents had citizenship at the time of the child’s birth. 

If you’re seeking citizenship through your parents, the experienced immigration and naturalization attorneys with LaFountain & Wollman P.C. can help you understand your eligibility and guide you through the application process. Contact us today for dedicated counsel and support as you or your child apply for derivative citizenship through a U.S. citizen parent. 

Eligibility Criteria for Obtaining Citizenship Through Parents

A person may derive U.S. citizenship through a citizen parent in one of several ways, depending on the parent’s citizenship status at their child’s birth or when the parent became a naturalized U.S. citizen. These include the following:

  • A minor child born abroad to a U.S. citizen – A U.S. citizen with a child born abroad can report their child’s birth to the U.S. embassy or consulate in the country of the child’s birth. The embassy or consulate will issue a Consular Report of Birth Abroad (CRBA), which serves the same purpose as a birth certificate issued by a U.S. state. A U.S. citizen parent must obtain a CRBA before they can apply for a U.S. passport for their child to enter the U.S. A citizen parent may apply for a CRBA until their child’s 18th birthday.
  • An adult child born abroad to a U.S. citizen – After the age of 18, a child born abroad to a U.S. citizen must apply for a certificate of citizenship. 
  • A minor child’s parent(s) become U.S. citizens before the child turns 18 – A child may become a U.S. citizen through a parent who obtained their own citizenship before the child turns 18. However, the child must obtain lawful permanent residency status and reside in the U.S. in their U.S. citizen parent’s legal and physical custody. The child can apply for a certificate of citizenship. 

After a child turns 18, a parent who becomes a naturalized U.S. citizen can no longer pass their citizenship onto their child. 

Understanding the Citizenship Application Process

The citizenship application process for children born abroad to U.S. citizens involves filing an Application for Consular Report of Birth Abroad (DS-2029) to the U.S. embassy or consulate in the country of the child’s birth. The parent must submit additional documentation with the DS-2029, including:

  • The child’s birth certificate
  • Evidence of the parent’s U.S. citizenship and identity, such as a U.S. passport, U.S. birth certificate, certificate of citizenship, Consular Report of Birth Abroad, or certificate of naturalization
  • Evidence of the U.S. citizen parent’s presence or residence in the U.S. before the child’s birth (e.g., school or employment records, tax returns, bank statements, utility bills, rent receipts, mortgage statements, government documents or correspondence, or affidavits)
  • The child’s parents’ marriage certificate (if applicable)
  • Evidence that the child’s parents have terminated all previous marriages (if applicable)
  • An affidavit from the citizen parent explaining their biological or adoptive relationship to the child and obligation to support the child (for children with only one U.S. citizen parent)

The U.S. citizen parent(s) and the child must apply for the Consular Report of Birth Abroad in person. 

If a minor child’s parent(s) become U.S. citizens after the child’s birth, the process of applying for citizenship for the child begins with filing a Form N-600, Application for Certificate of Citizenship. The application will require documentation establishing the child’s eligibility for citizenship, such as: 

  • Proof of the parent’s naturalization, proof of the parent-child relationship (especially for children born out of wedlock claiming citizenship through their father) 
  • Proof of the child’s lawful permanent residency in the U.S. under their citizen parent’s custody
  • The parents’ marriage certificates or proof of termination of marriage 

Children born outside the U.S. to citizen parents can also use Form N-600 to establish citizenship after turning 18. 

Common Challenges in Obtaining U.S. Citizenship Through Your Parents

Children born outside the U.S. seeking to establish U.S. citizenship through their parents can face various challenges and obstacles during the application process, including:

  • Proving parentage for children born out of wedlock – When a child born out of wedlock claims U.S. citizenship through their father, the family must present supporting documentation establishing the father’s paternity, which can present challenges if the child’s birth certificate does not list the father or the father contests paternity.
  • Establishing custody and physical presence – A citizen parent must have been physically present in the U.S. or its outlying possessions for at least five years (and the parent met such physical presence for at least two years after they turned 14). If the citizen parent has not met this requirement, the child may be able to meet the physical presence requirement through their grandparent.
  • Children who have reached adulthood – If a minor’s parent(s) obtain(s) U.S. citizenship after the child’s birth, the child must apply for U.S. citizenship before turning 18. Otherwise, the child loses the opportunity to obtain derivative citizenship through their parent(s). However, the parent(s) can sponsor their child for an immigrant visa to facilitate their adult child’s naturalization process. 

How Our Attorney Can Help With the Naturalization Process

The legal team at LaFountain & Wollman P.C. can help you seek U.S. citizenship for yourself or your child. Our experienced immigration and naturalization attorneys can review your circumstances to determine your or your child’s eligibility for derivative citizenship. Our firm can also help you and your family gather the required supporting documentation and fill out the application. Finally, our attorneys can represent you before the State Department or Citizenship and Immigration Services as it processes your family’s application. 

Contact LaFountain & Wollman P.C. Today to Discuss Your Options and the Citizenship Process

Are you pursuing derivative citizenship through a parent or seeking to establish U.S. citizenship for your child born outside the U.S.? If so, you need experienced legal counsel to guide you through the complex application process. Contact LaFountain & Wollman P.C. today for an initial consultation with an immigration attorney to discuss your or your child’s eligibility for U.S. citizenship and to learn what to expect during the application process.