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US Citizenship for Children Born Outside the US - Part 1

The Child Citizenship Act of 2000 (CCA) sets forth the rules addressing application procedures for foreign born children who reside in the US to acquire citizenship automatically under section 320 of the Immigration and Nationality Act (INA), and for foreign-born children who reside outside the US to acquire citizenship by approval of an application under INA section 322. If you are a US citizen parent of a minor child born outside the US, there are procedures for you to apply to the USCIS for a certificate of US citizenship for your child if necessary, or you may apply to the Department of State for a US passport for your child if citizenship was acquired automatically. If you have questions about obtaining US citizenship for your foreign born child, the attorneys at The Law Firm of Shihab & Associates, Co., LPA have decades of combined experience in this area. Contact us for an evaluation of your case.

Automatic citizenship, child residing in the US

Children who were born in a foreign country and reside in the US acquired automatic US citizenship if (1) the child has at least one US citizen parent by birth or naturalization, and (2) the child entered the US while under 18 years of age, and (3) the child resided in the US in the legal and physical custody of the US citizen parent. No application is necessary. You may apply to the Department of State for a US passport.

Citizenship on application, child residing outside the US

Foreign born children will acquire citizenship on approval of an application for a certificate of citizenship if (1) the child has at least one US citizen parent by birth or naturalization, and (2) the US citizen parent has been physically present in the US or outlying possessions for at least 5 years, at least 2 of which were after age 14, or the US citizen parent has a citizen parent who has been physically present in the US or outlying possessions for at least 5 years, at least 2 of which were after age 14, and (3) the child is under age 18, and (4) the child is residing outside the US in the legal and physical custody of the US citizen parent, and (5) the child is temporarily inside the US pursuant to a lawful admission and is maintaining such lawful status.

Contact us for a consultationIf you have questions about obtaining US citizenship for your foreign born child, or any other immigration matter, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. The competent attorneys at The Law Firm of Shihab & Associates are experienced in US citizenship applications, as well as other areas of immigration. We represent clients nationwide in various matters including green cards and permanent residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, investor visas, PERM applications, and many more. We will not tire until we get the desired results for you within the bounds of the law. Contact us for a consultation.
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