Background

Children of United States Citizens Born Abroad

Citizenship for Children of U.S. Citizens Born Abroad

Immigration Firm Serving All of Los Angeles

If you were not born on U.S. territory, having U.S. citizen parents may indicate that you acquired or derived citizenship in the United States either at birth or after birth through your parents. Although Immigration has provided a blanket of legal rights for children of U.S. citizens, the eligibility requirements are very intricate and complex. The status of your parents, residence and physical presence of your parents may all affect your eligibility for citizenship.

You should call the Law Offices of Michael M. Felix at (562) 445-4870 to review the facts of your case and determine which requirements apply to you.

Every case is different but our firm can help you determine if you were born a U.S. citizen and only need Immigration to issue a Citizenship Certificate or if you are not yet a U.S. citizen but can now apply for U.S. citizenship through your parents. Although the process can seem overwhelmingly when doing it on your own, the Law Offices of Michael M. Felix can guarantee that you will be well-informed by our attorneys and guided throughout the process until Immigration has recognized you as a U.S. citizen.

Child Report of Birth Abroad (CRBA) at American Embassies and Consulates

A child born abroad to a United States citizen parent or parents may obtain American citizenship at birth when reported to an American Embassy or Consulate if certain requirements are met. Registering the child at the American Embassy or Consulate can be a confusing process for American citizen parents. Fortunately, our attorneys are experienced in working with numerous American Embassies and Consulates abroad and can help you with reporting your foreign born child’s birth properly.

As an American citizen, you can report your foreign born child’s birth and your child can apply for and obtain an American passport if:

  • Your child is under the age of 18 at the time of the application
  • The child lives abroad
  • You, the American citizen parent, can show certain identity documents
  • You, the American citizen parent, can demonstrate certain criteria establishing physical presence in the United States

If your child was born abroad and you would like to know whether you are eligible to report your child’s birth abroad, call our office today at (562) 445-4870 for your free consultation. Rest assured that if you are not eligible to report your child’s birth at an American Embassy or Consulate, there are other pathways for your foreign born child.

Certificate of Citizenship for Child Born Abroad Filed in the United States

A child born abroad to a United States citizen parent or parents may obtain American citizenship when the parent files a Certificate of Citizenship at the United States Citizenship and Immigration Service if certain requirements are met.

The requirements include the following:

  • You, the American citizen parent, must be an American citizen
  • You, the American citizen parent, must be the biological parent of the child
  • You, the American citizen parent, must be living in the United States
  • The child must have been admitted into the United States as a Legal Permanent Resident
  • The child must be living in the United States in the legal and physical custody of the American citizen parent
  • The child is under the age of 18

This process can become complicated if only one parent is an American citizen because the American citizen parent must meet certain physical presence requirements at the time of the child’s birth. Thus, it is extremely important to speak to a knowledgeable immigration attorney about this specific issue if this applies to you. If you are an American citizen parent and your child was born abroad but is now living with you in the United States, you may be eligible to file a Certificate of Citizenship for your child today. Please call our office at (562) 445-4870 for your free consultation.

Application for Citizenship and Issuance of Certificate Under Section 322 of the Immigration and Nationality Act

A child born abroad to an American citizen parent or parents, and who lives abroad with the American citizen parent or parents, may obtain American citizenship when the parent files an Application for Citizenship and Issuance of Certificate under Section 322 of the Immigration and Nationality Act.

Section 322 allows American citizen parents who reside abroad, and who do not meet the physical presence requirements required under the Certificate of Citizenship process, to apply for a foreign born child’s citizenship if:

  • The child is not married
  • The child lives abroad
  • The child is under the age of 18
  • The child is temporarily present with a temporary visa in the United States at the time of the interview
  • The child will be under the age of 18 when the United States Citizenship and Immigration Service administers the Oath of Allegiance
  • You, the American citizen parent, has legal and physical custody of the child
  • You, the American citizen parent, or your American citizen parent (the foreign born child’s grandparent) were physically present in the United States for a period or period totaling at least 5 years, with at least 2 of these 5 years before you reached the age of 14

Why Do You Need a Los Angeles Immigration Attorney?

This process applies to individuals in various situations such as, but not limited to: Foreign born children of military members, Foreign adopted children, and orphans. This process can become very complicated. It is important to speak to a knowledgeable immigration attorney about this specific application if you believe this applies to you and/or your foreign born child.

Please call our office today for your free consultation for this complicated matter at (562) 445-4870.

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