Expeditious Naturalization of Children Born Abroad to a US Citizen Parent Using Grandparents' Physical Presence in the US to Help the Child Become a US Citizen
Q. IF MY CHILD IS BORN ABROAD, IS THE CHILD A U.S. CITIZEN?
A. YOUR CHILD MAY BE A U.S. CITIZEN IF YOU MEET THE REQUIREMENTS OF THE IMMIGRATION AND NATIONALITY ACT TO TRANSMIT CITIZENSHIP.
Q. WHAT ARE THOSE REQUIREMENTS?
A. IF YOU AND YOUR SPOUSE ARE BOTH U.S. CITIZENS, AND ONE OF YOU RESIDED IN THE UNITED STATES OR AN OUTLYING POSSESSION PRIOR TO THE CHILD'S BIRTH, AND THE CHILD WAS BORN IN WEDLOCK, YOUR CHILD BORN ABROAD ACQUIRES U.S. CITIZENSHIP UNDER SECTION 301(c) INA IF YOUR SPOUSE IS AN ALIEN, YOU MUST HAVE LIVED IN THE UNITED STATES FOR A SPECIFIC PERIOD OF TIME BEFORE THE CHILD WAS BORN TO TRANSMIT CITIZENSHIP. FOR CHILDREN BORN ON OR AFTER NOVEMBER 14, 1986, THE U.S. CITIZEN PARENT MUST HAVE LIVED IN THE UNITED STATES OR AN OUTLYING POSSESSION FOR 5 YEARS, 2 AFTER THE AGE OF 14, PRIOR TO THE BIRTH OF THE CHILD.
SEE OUR INFORMATION REGARDING ACQUISITION OF U.S. CITIZENSHIP AND PHYSICAL PRESENCE REQUIREMENTS.
Q. WHAT IF I HAVEN'T LIVED IN THE UNITED STATES FOR THE REQUIRED PERIOD OF TIME, HOW CAN MY CHILD BECOME A U.S. CITIZEN?
A. SECTION 322 OF THE IMMIGRATION AND NATIONALITY TECHNICAL CORRECTION ACT OF 1994 BECAME EFFECTIVE APRIL 1, 1995. IT ENABLES YOU TO APPLY FOR THE EXPEDITIOUS NATURALIZATION OF YOUR CHILD.
Q. HOW DOES THIS WORK?
THERE ARE TWO OPTIONS, AND THE ONE YOU CHOOSE MAY DEPEND ON WHERE YOU ARE RESIDING.
1. IF YOU AND YOUR CHILD ARE LIVING IN THE UNITED STATES AND THE CHILD ENTERED THE UNITED STATES WITH A U.S. IMMIGRANT VISA AS A PERMANENT RESIDENT, APPLY AT THE INS DISTRICT OFFICE WITH JURISDICTION OVER YOUR PLACE OF RESIDENCE IN THE UNITED STATES. TO FIND OUT WHERE THOSE OFFICES ARE LOCATED, CONTACT THE INS INFORMATION SERVICE LINE AT 1-800-755-0777 OR SEE THE INS WEB SITE FOR A LIST OF INS FIELD OFFICES.
2. IF YOU AND THE CHILD ARE RESIDING ABROAD, THE CHILD MAY BE ELIGIBLE FOR EXPEDITIOUS NATURALIZATION IF YOUR PARENT, THE CHILD'S U.S. CITIZEN GRANDPARENT, WAS PHYSICALLY PRESENT IN THE UNITED STATES FOR A PERIOD TOTALING 5 YEARS, 2 AFTER THE AGE OF 14. THE GRANDPARENT CAN BE LIVING OR DECEASED AT THE TIME OF THE APPLICATION. IF DECEASED, THE GRANDPARENT MUST HAVE BEEN A CITIZEN PRIOR TO THE CHILD'S BIRTH AND AT THE TIME OF THE GRANDPARENT'S DEATH.
Q. I WILL BE LIVING ABROAD WITH MY FAMILY FOR SOME TIME. HOW DO I APPLY FOR EXPEDITIOUS NATURALIZATION FOR MY CHILD USING THE "GRANDPARENT" PROCEDURE?
A. COMPLETE AND FILE INS FORMS N-600 - APPLICATION FOR CERTIFICATE OF CITIZENSHIP AND N-600/N-643 SUPPLEMENT A - APPLICATION FOR TRANSMISSION OF CITIZENSHIP THROUGH A GRANDPARENT. SEND FORM N-600, N-600/N-643 SUPPLEMENT A, SUPPORTING DOCUMENTS AND THE REQUIRED FEE TO ONE OF THE 51 INS FIELD OFFICES IN THE UNITED STATES. FOR INFORMATION ABOUT HOW TO OBTAIN INS FORMS CLICK HERE OR CALL 1-800-870-3676.
INS WILL DETERMINE WHETHER YOUR CHILD IS ELIGIBLE AND APPROVE THE APPLICATION, THEN FORWARD YOU A LETTER AND NATURALIZATION APPOINTMENT DATE. YOU PRESENT THE INS APPROVAL AND APPOINTMENT LETTER TO THE U.S. EMBASSY OR CONSULATE.
THE U.S. EMBASSY OR CONSULATE WILL ISSUE THE CHILD A B-2 VISA. THIS PROCEDURE ALLOWS PARENTS TO MAKE A ONE STOP VISIT TO THE UNITED STATES FOR THE PURPOSES OF NATURALIZING THEIR CHILD AS A U.S. CITIZEN.
Q. CAN I USE MY PARENTS' (THE CHILD'S U.S. CITIZEN GRANDPARENTS') PHYSICAL PRESENCE IN THE UNITED STATES TO JUST APPLY FOR A U.S. PASSPORT AND FOREIGN SERVICE REPORT OF BIRTH OF THE U.S. CITIZEN ABROAD AND AVOID THE VISA AND NATURALIZATION PROCESS?
A. NO. THE TECHNICAL CORRECTION ACT OF 1994 DID NOT AMEND SECTION 301(G) OF THE IMMIGRATION AND NATIONALITY ACT REGARDING ACQUISITION OF U.S. CITIZENSHIP OF CHILDREN BORN ABROAD. SECTION 322 INA CREATED A PROCEDURE FOR EXPEDITIOUS NATURALIZATION OF AN ALIEN CHILD BORN TO A U.S. CITIZEN PARENT.
Q. ARE THERE ANY TIME LIMITS FOR THE APPLICATION?
FOR THE NATURALIZATION BENEFIT TO BE GRANTED, THE APPLICATION MUST BE FILED, ADJUDICATED AND APPROVED BY INS, WITH THE OATH OF ALLEGIANCE ADMINISTERED BEFORE THE CHILD'S 18TH BIRTHDAY.
Q. HOW CAN I FIND OUT MORE ABOUT THIS PROCESS?
IF YOU HAVE ANY QUESTIONS ON THE APPLICATION PROCESS OR NEED ADDITIONAL APPLICATION FORMS, PLEASE CONTACT THE BRANCH CHIEF, CUSTOMER SERVICE, INS HEADQUARTERS BENEFITS, 425 I STREET N.W., ROOM 3214, WASHINGTON, D.C. 20536; TEL: (202) 307-3587 OR SEE THE INS WEB SITE AT http://www.ins.usdoj.gov/graphics/index.htm.
01/2000
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