If you’re a U.S. citizen and your child was born outside the United States, you might wonder if they can still get U.S. citizenship.
The answer is yes but it depends on a few important factors.
Things like:
- When your child was born
- Whether you were married at the time
- How long you lived in the U.S.
- Whether your family plans to move to the U.S.
All these factors help determine the best path to citizenship.
1. Automatic Citizenship at Birth
Some children born abroad are already U.S. citizens at birth even without filing any paperwork.
This usually applies if:
- The child was born on or after November 14, 1986, and
- One parent was a U.S. citizen who lived in the U.S. for at least 5 years, including 2 years after age 14.
In such cases, your child is already a U.S. citizen. You can simply apply for a U.S. passport.
There are different rules if:
- The child was born before 1986
- The child was born out of wedlock
- Both parents are U.S. citizens
Still, automatic citizenship may be possible.
2. Citizenship Through Section 322 (Living Abroad)
If your child lives outside the U.S., they may qualify for citizenship under Section 322 of the Immigration and Nationality Act.
This applies when:
- The child has a U.S. citizen parent or grandparent, and
- That person lived in the U.S. for at least 5 years, including 2 years after age 14
The process must finish before your child turns 18 and usually includes a short trip to the U.S. for an interview or oath ceremony.
Good news: Your child doesn’t need to move to the U.S. permanently.
3. Citizenship Through Section 320 (If Moving to the U.S.)
If your child is moving to the U.S. to live with you, Section 320 is likely your best path.
Here’s what’s required:
- Your child enters the U.S. as a green card holder
- They live with you before turning 18
Once these conditions are met, your child automatically becomes a U.S. citizen. No need for a separate naturalization process.
Note: If your family still lives abroad, this option won’t apply. Try Section 322 instead.
4. Citizenship Through Naturalization (If Over 18)
If your child is 18 or older, they can still become a U.S. citizen through the standard naturalization process.
Steps:
- Apply for a green card through you (the U.S. citizen parent)
- Live in the U.S. for 5 years
- Apply for naturalization
If your child is under 21 and unmarried, the green card process is usually quick.
If married or over 21, it can take longer—sometimes years.
Conclusion
Getting U.S. citizenship for a child born abroad is absolutely possible.
You just need to choose the right option based on your situation.
Whether:
- It’s automatic at birth
- Through a parent or grandparent
- Or by naturalization
There’s a path for your child to become a U.S. citizen.
If you’re not sure which option applies to your child, it’s a good idea to talk to E. CHATZIDIMITRIOU LLC Law Firm at any stage of the process, do not hesitate to call +1 347 (403) 47-89 or E-mail.