Options to Get U.S. Citizenship for Your Child
Looking for A Specific Post? Search Below
There are three main ways under U.S. immigration law that a U.S. citizen or immigrant parent can potentially utilize to obtain citizenship for their child, and these are the acquisition of citizenship, derivation of citizenship, and application for citizenship under Section 322. At Kriezelman Burton & Associates, LLC we have experienced family immigration lawyers who help clients in the Chicago area to obtain citizenship for their foreign-born children. We are based in Chicago but also provide services in Indiana, Wisconsin, and Michigan.
Acquisition of U.S. Citizenship from U.S. Citizen Parents at Birth
If you or your spouse or both are U.S. citizens and your biological child was born abroad, your child may automatically “acquire” U.S. citizenship and will, therefore, not need to apply for citizenship.
For a biological child to automatically acquire citizenship, the law requires that the U.S. citizen parent or parents must have been physically present or resided in the U.S. for certain periods of time prior to the birth of the child for U.S. citizenship to automatically “transmit” to the child.
The period of physical presence or residence required varies depending on when the child was born, as different rules apply depending on when the child was born. For purposes of this blog, we’re assuming that your child was born recently, meaning within the last 18 years, or will be born soon.
U.S. Citizenship by Derivation from Naturalizing Parents
If you are an immigrant eligible to obtain naturalization and your child was born outside the United States, your child may be able to “derive” naturalization through your own naturalization application. This option is also available to children who have been adopted so long as you and your adopted child meet certain requirements.
As in the case of the acquisition of citizenship, there are different requirements for a child to derive citizenship through a naturalizing parent, depending on when your child was born. Some of these requirements were removed in 2000, when Congress passed the Child Citizenship Act, a law that streamlined and provided the latest requirements as to when a child can derive citizenship.
U.S. Citizenship by Application Under I.N.A. Section 322
If you are naturalized as a citizen or are in the process of doing so and your foreign-born child is in the U.S. in some status other than as a green card holder, then your child is not eligible to derive citizenship if you naturalize. However, there is a way you can still pursue citizenship for your child in this situation.
Under Section 322 of the Immigration and Naturalization Act (I.N.A.) (or 8 U.S.C. Section 1433), a naturalizing parent can obtain a Certificate of Citizenship for a child who meets these requirements:
- One parent is a U.S. citizen.
- The child is legally but temporarily lives in the United States.
- The child is not older than 18 years of age.
- The child lives outside the U.S. in the physical and legal custody of the U.S. citizen parent; and
- The U.S. citizen parent has been physically present in the U.S. for at least five years, two of which were after the parent turned 14 years old.
Consult with a Chicago Immigration Attorney
If you are a U.S. citizen or immigrant parent and wish to have your foreign-born child gain or claim citizenship, speak with the team at Kriezelman Burton & Associates, LLC. Please contact our offices today and schedule an appointment to discuss your situation and how we can help you.
Lo que dicen nuestras clientas
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
¡Programe una consulta!
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy