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greencardlawyers.com > citizenship > FAQ on children born abroadFAQs About Children Born Abroad to a
U.S. Citizen Parent or Grandparent
If my child is born abroad, is my child a U.S. citizen?
What are the requirements to transmit citizenship?
If the U.S. citizen parent did not live in the United States for the required period of time, how can a foreign-born child become a U.S. citizen?
If the parent is living abroad, can the child still apply for expeditious naturalization using the grandparent procedure?
What are the time limits for the expedited naturalization application?
If my child is born abroad, is my child a U.S. citizen?
Your child may be a U.S. citizen if you meet the requirements of the Immigration and Nationality Act to transmit citizenship. Please consult our citizenship chart for a simplified version of these requirements.
What are the requirements to transmit citizenship?
If the child’s parents are both U.S. citizens, a foreign-born child would be a U.S. citizen if:
at least one of the parents resided in the United States or a U.S. possession prior to the child's birth; and,
the child was born in wedlock.
If one parent is not a U.S. citizen, the U.S. citizen parent 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 five years, of which two years had to be after the age of 14, prior to the birth of the child. For children born before that date, please consult our citizenship chart for the transmission requirements.
If the U.S. citizen parent did not live in the United States for the required period of time, how can a foreign-born child become a U.S. citizen?
A change in the law in 1994 enabled a U.S. citizen parent to apply for “expeditious naturalization” for a child.
If the parent and child are living in the United States and the child entered the United States with a U.S. immigrant visa as a permanent resident, you can apply at the USCIS district office with jurisdiction over your place of residence in the United States.
If the parent and child are residing abroad, the child may be eligible for expeditious naturalization if the child's U.S. citizen grandparent was physically present in the United States for a period totaling five years, and at least two years 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.
If the parent is living abroad, can the child still apply for expeditious naturalization using the "grandparent" procedure?
Yes. You must file an application with a USCIS field office in the United States. The USCIS will determine whether your child is eligible. If the child is eligible, the USCIS will approve the application and forward you a letter and naturalization appointment date. You can present the USCIS approval and appointment letter to the U.S. embassy or consulate where you are living. The U.S. embassy or consulate will issue the child a B??'2 visitor visa. This process allows parents to visit the United States to naturalize their child as a U.S. citizen.
What are the time limits for the expedited naturalization application?
For the naturalization benefit to be granted, the application must be filed, adjudicated and approved by USCIS, with the oath of allegiance administered, before the child's 18th birthday.
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