Introduction
Is Your Child a U.S. Citizen?
Parents of U.S. citizen children born abroad often find themselves confused, frustrated, and even heart-broken in their struggle to understand the relatively simple citizenship requirements for children, as well as the straightforward naturalization process.
This is not the plight of a small minority; in fact, every year more than 60,000 children are born to U.S. citizen parents living outside of the United States.
The important job of determining whether or not a child is a U.S. citizen at birth, and of initiation of the application process for those who are eligible for automatic acquisition of U.S. citizenship, rests on the parents.
This publication is intended to guide them through the process to assure a bright future for their child.
Understand Eligibility Criteria for Citizenship
Children born abroad to parents who are U.S. citizens-whether they are naturally-born or naturalized-automatically receive U.S. citizenship at birth. Citizenship policies for U.S. citizens living abroad may differ from those of citizens living within the borders of the United States, but the first step to raising your child as a U.S. citizen starts with having a parent who is a U.S. citizen.
- Guardian's Citizenship: The Guardian(s) must have, at minimum, one be citizenship at time of child's birth (US Citizen). This can be by birth, naturalization or adoption.
- Residency Requirements: American citizen parents / guardians must have residence in, and be physically present in, the United States for at least a five year period prior to the birth of the child, including at least a two year period after the age of 14.
- Marital Status: If both or all guardians are married then the child automatically acquires United States citizenship at birth if all other conditions for acquisition of citizenship at birth are met. If the child is born out of wedlock to a mother who is a citizen of the United States then the child must also meet the additional requirements for acquiring United States citizenship.
- Age Limit: The applicant child must be under the age of 18 at the time of application.
Children’s books highlight the love, joy and excitement of becoming a family through international adoption. Laws governing nationality for children of U.S. citizen guardians can be quite complex. Changes to American nationality laws in recent years may affect a guardian’s ability to confer citizenship to children. Proposed legislation may simplify the process for American citizen guardians. Approximately 60,000 children are born each year to U.S. citizen military personnel and other guardians living abroad. Ninety percent of these children are granted nationality at birth, but the remaining 10% are not considered citizens because they do not meet residency and/or presence requirements. Understanding these intricate issues is extremely important to the child’s future. Immigration and security are very serious issues today and as a result, immigration law is complex and deeply connected to each. President George W. Bush stated: “It says something about our country that people around the world are willing to leave their homes and families and risk everything to come to America. They come for many of the same reasons our founders did - to create better lives for themselves and their children. They come to become part of a larger American family - to reach for the opportunities that every American deserves - the chance to grow, to learn, and to work in safety for a better life. They bring with them the diversity that makes America - America. And to them and their families, we say: thank God you chose to come to the United States of America.”
Gather Required Documentation for Application
Before applying for Japanese citizenship, please make sure that you have the following:
- Child's Foreign Birth Certificate: This must clearly display the child's full name as stated in the child's passport as well as the full names of the guardians.
- Proof of Parent's U.S. Citizenship: Acceptable documents that prove a parent's citizenship include a valid U.S. Passport, Birth Certificate or Naturalization Certificate.
- Marriage Certificate: (if applicable) - Copy of the marriage certificate for the caregivers showing their marital status.
- Proof of Physical Presence in the U.S. by U.S. Citizen Parent: Evidence of physical presence in the U.S. by the U.S. citizen parent or parents (if applicable) for the specified period of time. Some examples of this type of evidence could include: IRS return (Form 1040), school records, current employer information, proof of operation of a business, or other appropriate documentation.
- Completed Form N-600 & Signed: Complete and sign Application for Certificate of Citizenship, Form N-600.
Delays in the citizenship application process most often result from documentation related issues that could have been avoided had the applicant prepared in advance some of the required documents. From the perspective of a naturalization attorney, Michelle Wheeler, outlines the naturalization documentation process to help prospective citizens know what to expect. Knowing what naturalization documents are required for citizenship, understanding naturalization eligibility requirements and what are the grounds for citizenship are all important factors in this process. Use this naturalization checklist to understand what a naturalization attorney can do to help you go through the citizenship application process.
Complete and Submit the Citizenship Application
Our guide helps take the pressure off the citizenship application process.
- Complete Form N-600 accurately: Complete, sign and submit Form N-600 application, and attach all required evidentiary documents to the application. Inaccurate completion of application, lack of required information, or inaccurate signatures may result in lengthy delays and denial of application, which is very frustrating and disappointing for the child and the parent.
- Double check application: Allow time to read the application form and have someone else double check it for you. It can make all the difference between being offered a place and having your application not make the submission cut off.
- Attach required documents: Please make sure you have attached clear copies of all required documents for the child and the parents. Typically a child’s birth certificate is required along with proof of parents’ U.S. citizenship. Also please remember to obtain certified translations of all documents written in foreign languages into English.
- Complete and submit Form N-600: You can file Form N-600 online or by mail, depending on your preference. Once you have completed your application, it must be mailed to the correct service center for the area in which you reside.
- Payment of filing fee for request for substitution or replacement of approved application or petition or other benefit request document(s): Payment of the appropriate fee for the request must also be included with your request. The fee for paper replacements of approved applications and petitions is $1,385 per document for paper replacement. The online replacement fee for approved applications and petitions is $1,335 per document. These fees are nonrefundable, regardless of the reason for denial or error for the request. Go to USCIS website for current fee information.
Please keep a copy of your completed application and supporting documents for your records as the office can lose these in time. USCIS on occasion will contact the applicant and/or require a biometrics appointment and/or interview with a USCIS officer regarding the approved application. Our goal at H & A Law Group is to make this process as smooth and efficient as possible so that you may be reunited with your loved ones here in the United States.
Troubleshoot Common Application Issues
It is common for people to be unfamiliar with the general outlines of the citizenship request process. But just in case things do not go exactly as you had hoped, you should know ahead of time what could go wrong and what you can do about any mishaps.
- Missing Documents: While you are waiting for a decision on your immigration application, it can be extremely aggravating to not have all of the required documents in your application. As USCIS processes your application for immigration benefits, they may request additional evidence which needs to be submitted. Be sure to respond to any requests for additional evidence in a timely manner, and keep a copy of all of the documents you submitted.
- Request Rejection: If your request is rejected, you should review the reasons for rejection stated in the rejection notice. Many immigrants have successfully appealed the denial of their request by addressing the reasons for rejection in the rejection notice and submitting another request with corrections made where necessary. In some cases, the assistance of an immigration attorney has been helpful.
- Processing Delays: While most cases are processing within 8 to 12 months, there may be some instances where a case is processing longer. You can check the status of a case online to confirm it is processing and moving forward. If a case is taking longer than normal, USCIS should be contacted to determine why the case is delayed and ensure it continues to move forward and is not neglected.
- Errors Found After Submission of N-400 Application: If after you submitted your naturalization application, you find an error, please inform USCIS of record as soon as possible to correct the mistake. Incorrect information on the N-400 form (e.g. no signature, wrong date), could delay or prevent naturalization if USCIS discovers the error during processing.
- Be Interview Ready Even If There’s A Scheduled Interview: Research some of the most common interview questions and have copies of things such as business cards, references, portfolios ready to hand out to the interviewer. Having this knowledge beforehand will surely give you the upper hand.
You have the power to shape the future of both yourself and your family’s. Take control of your application today.
Conclusion
Whether or not your child born abroad automatically becomes a citizen can be a daunting question. In this webinar we explain what it means for a child to be born abroad and automatically a citizen, which parent needs to be a citizen, and how the residency and marriage requirements for children acquiring citizenship at birth abroad are complied with.
Before you start filling out Form N-600, take a moment to read the rest of this article, so you know what, and how, accurate documentation, including your child’s foreign birth certificate, as well as proof of each parent’s citizenship status, must be submitted, in addition to the application for the child’s Certificate of Citizenship. At some point in the application process, every parent runs into a roadblock. Knowing some of the most common mishaps and what steps to take is key to keeping the process smooth. Read on to learn more.
Once you understand the requirements and process, you'll see how easy it is. But most importantly, you'll understand the value of U.S. citizenship to your child's future success. Read on to learn how to prepare your child for a bright future in America using the streamlined citizenship application process for kids.
Frequently Asked Questions
Who automatically receives U.S. citizenship at birth?
Children born abroad to parents who are U.S. citizens, whether they are naturally-born or naturalized, automatically receive U.S. citizenship at birth.
What are the citizenship requirements for guardians of a child born abroad?
At least one guardian must be a U.S. citizen at the time of the child's birth, which can be through birth, naturalization, or adoption.
What are the residency requirements for American citizen parents or guardians?
American citizen parents or guardians must have resided in and been physically present in the United States for at least five years prior to the child's birth, including at least two years after the age of 14.
How does marital status affect a child's citizenship acquisition?
If both guardians are married, the child automatically acquires U.S. citizenship at birth if all other conditions are met. If the child is born out of wedlock to a U.S. citizen mother, additional requirements must be met for citizenship.
What is the age limit for a child applying for U.S. citizenship?
The applicant child must be under the age of 18 at the time of application.
How many children are born each year to U.S. citizen military personnel and guardians living abroad?
Approximately 60,000 children are born each year to U.S. citizen military personnel and other guardians living abroad.
What percentage of children born to U.S. citizens abroad are granted nationality at birth?
Ninety percent of these children are granted nationality at birth, while the remaining 10% do not meet residency and/or presence requirements.
Why is understanding citizenship laws important for children of U.S. citizen guardians?
Understanding these intricate issues is crucial for the child's future, as immigration laws are complex and can significantly impact their nationality status.
List of Sources
- Understand Eligibility Criteria for Citizenship
- citizenpath.com (https://citizenpath.com/immigration-quotes-great-americans)
- Pelton & Balducci | Amazing Stories from our clients (https://pbimmigration.com/case-studies)
- Naturalization Statistics | USCIS (https://uscis.gov/citizenship-resource-center/naturalization-statistics)
- Bogart, Small & Duell » Immigration Quotes (https://defendingarkansas.com/resources/immigration-quotes)
- Citizenship (https://americansabroad.org/citizenship)
- Gather Required Documentation for Application
- Immigration and Citizenship Data (https://uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data)
- How Immigration Lawyers Help with Naturalization & Citizenship? — Law Office of Rosemary Vega (https://rosemaryvegalaw.com/blog/how-immigration-lawyers-assist-with-naturalization-and-citizenship-applications)
- Maya's story: Proving citizenship - Immigrant Law Center of Minnesota (https://ilcm.org/latest-news/mayas-story-proving-citizenship)
- Complete and Submit the Citizenship Application
- Apply for a Certificate of Citizenship (Form N-600) | One Percent for America (https://onepercentforamerica.org/the-guide/apply-certificate-citizenship-form-n-600)
- Filing Fees | USCIS (https://uscis.gov/forms/filing-fees)
- Troubleshoot Common Application Issues
- Citizenship Application Mistakes to Avoid | Akula & Associates P.C. (https://akulalaw.com/blog/2025/september/citizenship-application-mistakes-to-avoid)
- Citizenship Application Delay in 2026: Simple Guide (https://herrerafirm.com/common-reasons-citizenship-applications-are-delayed)
- What Are the Most Common Reasons a Naturalization Application is Denied? Key Legal Insights (https://vrlegal.com/what-are-the-most-common-reasons-a-naturalization-application-is-denied)
- Frequently Requested Statistics on Immigrants and Immigration in the United States (https://migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states)
- Naturalization Statistics | USCIS (https://uscis.gov/citizenship-resource-center/naturalization-statistics)
