Who is eligible:

A child may obtain US Citizenship (through either their parent and/or grandparent) if all the following are met

• Child not married
• USCIS administer the Oath before the child turns 18 years. My office has had to fight getting an Oath if within 90 days of the child turning 18 years so apply on time
• The child resides outside the United States
• The child is both in legal and physical custody of the US parent
• The child’s US parent physically present inside the US (does not need to be continuous) for period of at least 5 years, two of which after turning 14 years.
• *Grandparent: If the parent cannot show their physical presence, then the USC parent’s own US citizen parent (grandparent) has to show their physical presence inside the US (does not need to be continuous) for period of at least 5 years, two of which after turning 14 years.
• *Parent dead and/or grandparent dead: child can still qualify
• The child will be present in the States for their interview with USCIS

What is the process:

• File petition with USCIS (children must be outside the United States)
• When USCIS approve an interview will be set up by the USCIS adjudicator and the parent/grandparent and children attend
• When approved the officer will issue US citizenship
• Apply for child’s USA passport at home country consulate

Child Born Out of Wedlock:

If the child was born out of wedlock, the child must meet the following additional requirements if he or she is seeking citizenship through his or her U.S. citizen father:

• The child must be legitimated by the father. This means that the father must go through the process to legally become the child’s father. A child born to parents who are not married is not considered legitimate and does not have the right to inherit the father’s estate or to receive financial support.
• The child must be in the legal custody of the father at the time of such legitimation; and
• The child must be legitimated before reaching his or her 16th birthday.

Adopted Child

If adopted, the child must meet all of the requirements to qualify as an “adopted child” under one of the following:

• Section 101(b)(1)(E) of the INA.
• As an “orphan” under section 101(b)(1)(F) of the INA; or
• As a Hague Convention adoptee under section 101(b)(1)(G) of the INA.

Orphan Child

An orphan under section 101(b)(1)(F) of the INA must be the beneficiary of an approved Form I-600, Petition to Classify Orphan as an Immediate Relative, in order to file Form N-600K.  A child who is being adopted in accordance with the Hague Convention must be the beneficiary of an approved Form I-800, Petition to Classify Convention Adoptee as an immediate relative, in order to file Form N-600K.

USCIS adjudicate these petitions strictly because your child is applying for US citizenship.  Support evidence and knowing how to present these cases are key to this type of petition.  We have a lot of tips and information on our audio on our website. We have helped hundreds of families over the years obtain US citizenship for their children while they reside outside the States.  Call to speak to Caro today to see do you qualify.