10 Things You Need to Know About Citizenship Through Parents
As a parent, it is your duty and desire to see your children prosper. However, watching your children flourish while you reside in a different country can be hectic; and for this reason, it is crucial to understand some of the immigration policies affecting children. RunRex is dedicated to delivering a smooth immigration process for you and your children. Here are ten things everyone should know about citizenship through parents.
Citizenship at Birth.
- A child born outside the U.S is a citizen if the parents are married at the time of birth, and they are both U.S citizens. One of the parents should also have lived in the U.S and its territories before the birth. The child will also be a U.S citizen if one parent is a U.S citizen at the time of birth and the birthdate is on or after November 14, 1986. Additionally, the U.S. citizen should have been within the U.S for five years before birth, and at least two of those years should have been after his/her 14th birthday.
- However, if the U.S citizen parent spent his time abroad serving in the U.S armed forces, employed with the U.S government, or engaged with certain international organizations, the time will still be considered as having being spent in the U.S.
- In cases where the parents are unmarried, the child is a U.S citizen if the genetic or non-genetic gestational mother is a U.S citizen at the time of birth and the date of birth is after December 23rd, 1952. The mother is also expected to have been in the U.S or one of its territories for a continuous period of at least one year.
- If the father is a U.S citizen, but the mother is an alien, the child is a citizen as long as the birthdate is on or after November 14, 1986. The USCIS also states that the blood relationship between the child and the father should be proven with enough evidence, the father should have been a U.S citizen at the time of birth and the father has agreed in writing to provide financial support for the child until he reaches 18 years.
- While the child is under 18 years, he/she is legitimized under the law of the parent’s residence or domicile. Also, the father should acknowledge paternity of the child in writing under oath, or the paternity of the child is established through the adjudication of a competent court.
- The law also provides that the father should have been physically present in the U.S or its territories for a period not less than five years before the birth. Two of those years should have been after his 14th birthday. However, if the father was serving outside the country in the armed forces, employed with the U.S government, or was employed with the particular international organization, the time spent there is considered the physical presence in the U.S.
U.S Citizenship After Birth-But Before 18 Years
- A child born outside the U.S is a citizen if the child was still under 18, or not yet born before February 27, 2001. At least one of the parents should be a citizen, and the child under 18 should be residing with that parent following legal admission.
- The child will also be a citizen if he/she was under 18 between December 24, 1952, to February 26, 2001. Additions to this policy are that the child should have been residing in the U.S as a Green Card holder in the U.S and both parents naturalized before the child’s 18th birthday. The law also provides that even if one of the parents dies, or the couple separated, naturalization should have taken place before the child’s 18th birthday.
Provisions for Adopted Children
- A child will become a U.S citizen if a U.S citizen parent adopts he/she. The child should reside legally and physically with the adopting parents. Additional conditions include the adoption of the child before the 16th birthday and living with the child for at least two years.
- The child can also become a citizen if he/she is admitted to the U.S as an orphan or as a Convention adoptee, whose adoption was completed abroad. The adoption may also be finalized in the U.S before the 18th birthday.
The Role of RunRex in Citizenship Through Parents
As qualified and experienced lawyers, we pride ourselves in the interpretation of complex immigration law for all our clients. We also help our clients in preparing necessary documents required to prove citizenship for birth outside the U.S and for adoption. Our job is to ensure that all your immigration needs are met through the proper and legal process in the most efficient ways.
If you wish to have your child recognized as a U.S citizen, kindly visit our website(RunRex.com) today and receive professional legal advice that relates to your situation.