U.S. Citizenship: A Guide for Those Born Outside the U.S.

Last Updated on: US Citizenship

Gaining U.S. citizenship for individuals born outside the United States to American parents can seem daunting. This post covers the procedure, outlining the paths to citizenship, the required documentation, and how to submit your application.

Understanding U.S. Citizenship Categories

  1. Born in the U.S. – You are automatically granted citizenship if you were born in the United States or certain U.S. territories.
  2. Born Abroad to U.S. Citizen Parent(s) – You may be eligible for U.S. citizenship if at least one of your parents was a U.S. citizen at birth. The specific requirements depend on your birth year and your parents’ citizenship status, including the periods they lived in the U.S.
  3. Naturalization – Naturalization is a path for those who are not born U.S. citizens. Eligibility criteria include being of a certain age, having permanent residency status, demonstrating good moral character, knowledge of the U.S. government, and proficiency in English.
  4. Through U.S. Citizen Parents (for Minors) – Minors born abroad may claim U.S. citizenship if they have at least one U.S. citizen parent.

Securing Proof of U.S. Citizenship

  1. Necessary Documentation – Proof of citizenship requires specific documents, which can include:
    • Birth certificates (for those born in the U.S. or abroad to U.S. citizens)
    • Proof of permanent residency or valid passports
    • Parents’ physical presence documents in the U.S.
  2. Identifying the Right Method – Depending on your situation, determine whether to file your documentation with the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State.
    1. USCIS Form N-600, Application for Certificate of Citizenship
    2. USCIS Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
    3. USCIS Form N-644, Application for Posthumous Citizenship
    4. Form FS-240, Consular Report of Birth Abroad (CRBA)
    5. Form DS-11, Application for a U.S. Passport

1) Form N-600, Application for Certificate of Citizenship

Form N-600 serves a specific purpose: to request a Certificate of Citizenship for those who are U.S. citizens under their birth or automatic acquisition of citizenship before age 18.

Here’s who should consider filing:

  1. Individuals Born Abroad to U.S. Citizen Parents: If you were born outside the United States and at least one of your parents was a U.S. citizen at birth, you might be eligible to certify your citizenship.
  2. Those Who Became Citizens Automatically: If you automatically acquired U.S. citizenship after birth but before you turned 18—under specific legal conditions—you or your parent/legal guardian can file Form N-600 on your behalf.

Key Conditions for Eligibility

Understanding whether you automatically became a U.S. citizen involves navigating various conditions and laws.

  • At least one parent was a U.S. citizen when you were born or before you turned 18.
  • You are the biological child of that U.S. citizen parent.
  • You were lawfully admitted to the U.S. for permanent residence.
  • You lived in the U.S. under the legal and physical custody of your U.S. citizen parent.

Adopted Children and Citizenship

Adopted children may also acquire U.S. citizenship through their adoptive U.S. citizen parents, depending on the law applied. Stepchildren do not qualify under this provision.

The Law in Effect at Your Birth

The law determines your citizenship status at the time of your birth. The governing law was last amended under the Child Citizenship Act on February 27, 2001. Those born before November 14, 1986, may have different criteria and should consult USCIS for clarification.

Filing the Application

Filing Form N-600 is not a request to become a U.S. citizen but to obtain a certificate recognizing your citizenship status from birth or through automatic acquisition before age 18.

You can file this application at any age if you meet the conditions outlined.

2) Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322

Form N-600K is designed for children who regularly reside outside the United States but are entitled to U.S. citizenship through their parents under Immigration and Nationality Act (INA) section 322.

Eligibility Criteria

  1. Marital Status: The child must be unmarried.
  2. Oath of Allegiance: USCIS must administer the Oath of Allegiance to the child before they reach 18.
  3. Residence: The child must regularly reside outside the United States.
  4. Custody: The child must be under the legal and physical custody of a U.S. citizen parent.
  5. Physical Presence of the Parent: The parent must have been physically present in the U.S. for at least five years, two after age 14. A U.S. citizen grandparent may satisfy this requirement if the parent cannot.
  6. Temporary Presence in the U.S.: The child must be legally present in the United States at the time of the interview.

Special Considerations for Military Families

Children of U.S. Armed Forces members may complete the process outside the United States if residing abroad under official orders.

Adoption Cases

Adopted children may also qualify depending on the adoption process, including Hague Convention and orphan cases.

Who Should Not File?

  • Children who have already automatically acquired citizenship.
  • Step-parents without a legal adoption relationship.
  • Applicants seeking to replace a lost Certificate of Citizenship.

3) Form N-644, Application for Posthumous Citizenship

Form N-644 grants posthumous citizenship to certain deceased veterans of the U.S. Armed Forces.

Eligibility Criteria

  1. Service Period: The veteran served honorably during designated periods of military hostilities.
  2. Cause of Death: The veteran died from injury or disease incurred or aggravated by service.
  3. Enlistment Requirements: The veteran enlisted in the U.S., Panama Canal Zone, American Samoa, Swain’s Island, or was a lawful permanent resident.

Who Can File Form N-644?

  • Spouses, parents, children, or siblings.
  • Executors or legal representatives.
  • Service organizations recognized by the Department of Veterans Affairs.

Application Process

The application must be filed within two years of the veteran’s death and include supporting military documentation such as DD214 or DD 1300.

4) CRBA: U.S. Citizenship for Children Born Abroad

A Consular Report of Birth Abroad (CRBA) certifies a child born outside the United States to U.S. citizen parents as a U.S. citizen.

Who Qualifies?

  • Birth to at least one U.S. citizen parent.
  • The U.S. citizen parent must meet physical presence requirements in the United States before the child’s birth.

Required Documents

  • Proof of the U.S. citizen parent’s identity and citizenship.
  • Evidence of physical presence in the United States.
  • The child’s birth certificate.
  • Photos of the child.

Application Steps

  1. Gather required documents.
  2. Complete Form DS-2029.
  3. Schedule an interview at the nearest U.S. embassy or consulate.
  4. Attend the interview.

5) Form DS-11 Application for a U.S. Passport

A U.S. passport is issued to U.S. citizens and non-citizen nationals.

Required Documents

  1. Proof of U.S. citizenship.
  2. Proof of identity.
  3. A 2×2 passport photo.
  4. Applicable fees.

For Minors

Both parents must appear with children under 16 unless additional documentation is provided.

How to Submit

Submit Form DS-11 in person at a passport acceptance facility such as a post office or government office.

Passport Validity

  • Adults: 10 years
  • Under 16: 5 years

Schedule a Consultation with an Immigration Lawyer

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