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Options to Get U.S. Citizenship for Your Child
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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.
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My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
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We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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