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.Â
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.
What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
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…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
Thank you all, I found this group to be a great service. Thank you all, blessings to you. especially Khiabett
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
Kevin Raica and his team handled my immigration application and i can other recommend them enough. They made a stressful process very easy. They are very knowledgeable in this area and helped us at every stage from beginning to end.
Schedule A Consultation!
Libertyville
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy