Due to unforeseen events or circumstances beyond your reasonable control, your child may not have been born in the United States. However, this is not to say that they cannot eventually acquire citizenship; it may just take a little extra effort on your end. With that being said, please follow along to find out whether you can work on your child’s behalf to get them citizenship status in the U.S. and how one of the proficient Lancaster County naturalization lawyers at Lupton Law LLC can help you and your child feel secure in your unification.

As a lawful permanent resident, can I get my child citizenship status?

Say you are a lawful permanent resident of the United States and your child is born in the country. In this case, your child may be granted automatic citizenship status. This is thanks to the principle of birthright citizenship under the Fourteenth Amendment and the Supreme Court case United States v. Wong Kim Ark.

However, the same may not apply if you are a permanent resident and your child is born outside the country. That is, this only works if your child has one parent or adoptive parent who is a citizen by birth or through naturalization. Rest assured, you may correct this by going through the naturalization process yourself first.

As a citizen, can I get my child citizenship status, as well?

To reiterate, if you are already a United States citizen, you may work to get your child the same status, as well. If they are already living in the country with a different legal status (i.e., permanent resident status), they must also meet other eligibility criteria. For one, they must be under the age of 18. Secondly, you must have legal and physical custody over them while you are both living in the country. For this, you must apply for Form N-600, Application for Certificate of Citizenship, with the United States Citizenship and Immigration Services (USCIS).

Your child must meet similar qualifications if they are currently living outside the country with you. The additional requirements here, though, is that you must also meet the physical presence requirements in the U.S. Then, at the time of their application’s approval and the time for naturalization commences, your child must have a guaranteed lawful admittance, physical presence, and lawful status in the country. To apply on your child’s behalf under these circumstances, you must submit Form N-600K, Application for Citizenship and Issuance of Certificate.

If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to one of the talented Lancaster County naturalization lawyers for more information. The team at Lupton Law LLC will be glad to represent you in your upcoming legal case.