Does My Child Automatically Inherit My Citizenship?

Does My Child Automatically Inherit My Citizenship?If you are a U.S. citizen and you have had or adopted a child overseas, it is important to understand that there are specific measures that you need to take in order to ensure that your child can obtain the citizenship to which they are entitled. If a child has at least one parent who is a U.S. citizen, there is a good chance that they can inherit the parent’s citizenship. This is known as derivative citizenship. Although the right to citizenship is automatic, there are still actions that must be taken. For this reason, it is important never to wait until the last minute and consult with an experienced immigration attorney as soon as possible to ensure all requirements are met.

Derivative Citizenship for Children Outside of the U.S.

If you are a U.S. citizen and have a child that lives or primarily stays outside of the United States, it is still possible to get them citizenship. However, they just have at least one parent or grandparent who lives in the U.S. enough to meet the physical presence requirement. The child also must come to the United States in order for the naturalization process to be approved. In addition to these requirements, the child must be under 18 years of age, and should be in the custody of a U.S. citizen even if they are living overseas. Many times, this process is used for U.S. couples who are adopting children overseas. Additional complications can arise when it comes to international adoptions, however, so it is always important to consult with an experienced attorney before taking action on your own to ensure that all necessary requirements are met and that no costly errors are made that could unnecessarily delay the process.

If you need help with an immigration matter, it can be overwhelming, and be hard to even know where to start looking for help or what options are available. Our attorneys at HAWM Law are ready, experienced and committed to helping immigrants at any stage of the US immigration process. You do not have to struggle through this process alone.

Derivative Citizenship for Children or Military Members

Military members and service people often have children while stationed overseas. Even if both parents are U.S. citizens and the child is born on a U.S. military base, citizenship is not automatic. However, the entire process can be completed for military members while overseas. They do not need to return to the United States in order for their citizenship to be approved.

Derivative Citizenship for Children Inside the United States

If you are a U.S. citizen and have a child under the age of 18 who is currently a Lawful Permanent Resident of the United States and is physically residing in the U.S. in the custody of a parent who is a U.S. citizen, they may receive derivative citizenship by filing for a certificate using form N-600. The child may be the biological or adopted child of the U.S. citizen and should be in their physical custody.

Schedule a Consultation with HAWM Law Immigration Attorneys

If you need help with an immigration-related matter or need help obtaining citizenship for your children, the experienced immigration attorneys at Orlando, Florida’s HAWM Law Firm are ready to fight for the best possible outcome in your case. Contact HAWM Law today to schedule a consultation.

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