Citizenship For Children

The Immigration and Nationality Act allows for children to receive their citizen even if they are born outside the U.S. but permanently residing in the U.S., or born and residing outside the country.


Section 320 of the INA states that a child born outside of the United States automatically becomes a citizen of the United States when a number of conditions have been fulfilled. These conditions are: at least one parent of the child is a citizen of the United States, whether by birth or naturalization; the child is under the age of 18 years; and the child is residing in the U.S. in the legal and physical custody of the citizen parent. The child must be living in the country following a lawful admission for permanent residence. This section also applies to children that are adopted by a U.S. citizen parent.

Child born and residing outside United States

INA section 322 states that a parent who is a citizen of the U.S. may apply for naturalization on behalf of a child born outside of the country who cannot acquire citizenship under §320 if certain conditions are met. These conditions that must be fulfilled include: at least one parent is a citizen of the United States; the citizen parent or their parent has been physically present in the country for a period totaling not less than 5 years of which 2 were after the age of 14; the child is under the age of 18; the child is residing outside of the U.S. in the legal and physical custody of the applicant; and the child is temporarily present in the country after being lawfully admitted and is maintaining such lawful status.

Contact our Miami-Dade County Family Based Immigration Attorneys


