EXPEDITIOUS
NATURALIZATION CHILDREN BORN ABROAD TO A U.S. CITIZEN PARENT
USING GRANDPARENTS' PHYSICAL PRESENCE IN THE UNITED STATES TO HELP THE
CHILD BECOME A U.S. 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 BCIS District Office with jurisdiction over your place of
residence in the United States. To find out where those offices are located,
contact the BCIS Information Service Line at 1-800-755-0777 or see the
BCIS website for a list
of BCIS 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 BCIS 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
BCIS field offices in the United States. For information
about how to obtain BCIS forms click
here or call 1-800-870-3676.
BCIS will determine whether your child is eligible and approve the application,
then forward you a letter and naturalization appointment date. You present
the BCIS 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 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?
A. For the naturalization benefit to be granted, the application must
be filed, adjudicated and approved by BCIS, with the oath of allegiance
administered before the child's 18th. birthday.
Q. How
can I find out more about this process?
A. If you have any questions on the application process or need additional
application forms, please contact the Branch Chief, Customer Service, BCIS
Headquarters Benefits, 425 I Street N.W., Room 3214, Washington, DC 20536;
Telephone 1-800-375-5283 or see the BCIS website at http://www.uscis.gov/graphics/index.htm
01/2000
American
Citizens Services |
