Even if you are a non-citizen, your child born in the United States may be granted automatic citizenship due to the principle of birthright citizenship. However, this automatic status does not apply even if you are a citizen yourself, but your child is born outside the country. In this case, you may need to make additional efforts on your child’s behalf, but rest assured, it is doable. Without further introduction, please read on to discover how to apply for U.S. citizenship for your child and how a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you and your child get on the same status, so to speak.
What should I know about the Child Citizenship Act of 2000?
Simply put, the Child Citizenship Act of 2000 was set in place to help render the automatic acquisition of citizenship status for biological and adopted children of United States citizens who were foreign-born. This is so that these children do not have to unnecessarily separate from their parents at any point in their lives, all while working to reunify those who have been separated as soon as possible. Of note, this Act amended the terms and conditions set by the Immigration and Nationality Act (INA).
How do I apply for U.S. citizenship for my child?
Now that you understand the Child Citizenship Act of 2000, you should know that your child, born outside the United States but now living here, may acquire citizenship automatically. Such automation may apply if your child has met the following conditions on or after February 27, 2001:
- Your child has one parent or adoptive parent who is a U.S. citizen by birth or through naturalization.
- Your child is under the age of 18 years old.
- Your child already has lawful permanent resident status in the country.
- Your child is living in the U.S. in the legal and physical custody of a U.S. citizen parent or adoptive parent.
However, say that your child was born outside the U.S. and is still living in another country. Well then, you may rest easier knowing that they still have a path toward citizenship through the process of naturalization. This is so long as they are aligned with the criteria mentioned below:
- Your child has one parent or adoptive parent who is a U.S. citizen by birth or through naturalization.
- Your child is under the age of 18 years old.
- Your child is living outside the U.S. in the legal and physical custody of a U.S. citizen parent.
- Your child is lawfully admitted, physically present, and maintaining lawful status in the U.S. at the time of application.
- Your child’s U.S. citizen parent or grandparent meets the physical presence requirements in the U.S.
If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to a competent family immigration lawyer in Milwaukee, WI, for more information. The team at Sesini Law Group, S.C., will be glad to represent you in your upcoming legal case.