20 May When does a child born abroad becomes a U.S. Citizen?

A child of a U.S. citizen born abroad is a U.S. citizen by operation of law. However, the parents need to register them as a child of a U.S. citizen by applying for a Consular Report of Birth Abroad (CRBA) at the State Department. In the case of a child born to an immigrant who later naturalize, the child will be a U.S. citizen under certain requirements.

Under Section 320 of the Immigration and Nationality Act (INA 320) it provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Be admitted to the United States as an immigrant for lawful permanent residence.
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
• If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.

If you and your child reside outside the United States, your child may apply for a certificate of citizenship through U.S. Citizenship and Immigration Services (USCIS) under Section 322 of INA 322 and take an oath of naturalization to complete the child’s citizenship acquisition. This includes children of U.S. government employees and members of the armed forces who live abroad with parents stationed outside of the United States. To acquire U.S. citizenship under INA 322, you must demonstrate to USCIS your child meets certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child’s U.S. citizen parent cannot meet the physical presence requirement, one of the child’s U.S. citizen grandparents must meet it.
• The child lives abroad in the legal and physical custody of the U.S. citizen parent and is temporarily present in the U.S. pursuant to a lawful admission and is maintaining that lawful status.

Note: This is not a legal advice an is presented for educational purpose only. You may seek an appointment for consultation with our office for more information.

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For the month of April, 2023, we received approval from USCIS for four naturalization applications, one Fiancée visa petition, two removals of condition on residence and five adjustment of status applications.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, personal injury and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.