If you are a US citizen and would like to give citizenship to your children, there are multiple routes to do this. Some are easier than others so its worthwhile to check what is the best option for you. It’s very important to note that all the routes to citizenship (besides for green card) are only relevant for children under the age of 18. Your child needs to still be under 18 until the end of the process (there’s a separate process for registering adult offspring as US citizens). Some processes can take around a year, so it’s important to get the process started as soon as possible.
An immigration lawyer can assist you with the process and make sure you are picking the correct process. They will handle your case from the beginning to the end.
Summarized in this article is the different processes to obtain citizenship through a US citizen parent. This is written from easiest process to hardest process:
Citizenship through birth in the US
If your child was born in the US, they are automatically a US citizen. You do not need to make an application to obtain the citizenship. Their birth certificate is proof and citizenship and with that they can apply for a passport. This is not dependent on the citizenship of their parents. The exception to this is children of diplomats who are born in the US.
Citizenship through two US citizen parents
If you and your spouse are married, and both are US citizens, you could be eligible to apply for a Certificate of Birth Abroad (CRBA) for your child(ren) at your local Embassy. In order to apply for citizenship under this category, you would need to show that each parent was a US citizen before the child was born. You would also need to show that one of the parents lived in the US even for a short while.
Citizenship through one US citizen parent
If only one of the children’s parents is a US citizen, you maybe be eligible for a Certificate of Birth Abroad at your local Embassy. In order to be eligible under this category, you would need to show that you lived in the US for 5 years (2 of which were over the age 14) before your child was born. You can prove 5 years of living in the US with documents such as school transcripts, tax returns, flight tickets, army service records, employment records such as pay slips and W-2 forms.
Citizenship through a US citizen grandparent
If you are a US citizen and did not reside in the US for a total of 5 years before your children were born, your US citizen parent could apply for their grandchild. The US citizen grandparent needs to be able to show that they lived for 5 years in the US (2 of which were over the age of 14) as well as documents showing that they are a US citizen. Unlike the above-mentioned processes which are handled by the Embassy, for this process you need to make an application to USCIS – the US authorities who deal with these types of applications.
Green Card to Citizenship
If none of the options above are available to you, you could apply for a Green Card for your children. As a US citizen, you are eligible to apply for a Green Card for your children even if you and your parents never lived in the US. The difference with this process is that it requires more bureaucracy than the others. It’s also lengthier as it averages on taking 2 years for the Green Card application. Once the children receive their Green Cards, they can enter the US and you can make an N-600 application for citizenship straight away. The N-600 process takes around a year.
Although this process is the longest and most expensive, it does allow your children to obtain citizenship when every other option is closed to them.
An immigration lawyer who has experience in the field of citizenship can help you to work out the best path for your unique situation. They will review the documents you are able to provide, your plans to move to the US and the timeline in which you would like the process to be completed. They will help you throughout the whole process making sure you obtain the correct documents, file the application for you and provide you guidance for the interview/swearing in ceremony. Decker, Pex, Levi, Rosenberg & Co have years of experience with citizenship applications and would be happy to handle your case. Call us to make a consultation meeting on 03-372-4722.
