Citizenship Through Parent or Grandparents
Who Can Apply
A U.S. citizen parent can file an Application for Certificate of Citizenship for their child if the child was born outside the U.S., did not acquire U.S. citizenship automatically (please refer to the Automatic Citizenship page for more information), reside outside the U.S. with a U.S. citizen parent, and the U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the U.S.
The Conditions for Acquiring U.S. Citizenship
- At least one parent is a U.S. citizen, whether by birth (please refer to the Citizenship at Birth page for more information) or naturalization (please refer to the Naturalization page for more information).
- The U.S. citizen parent, or U.S. citizen grandparent, has been physically present in the U.S. for a period or periods totaling not less than five (5) years, at least two (2) of which were after attaining the age of fourteen (14) years.
- The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (if the U.S. citizen parent is deceased, an individual who does not object to the application).
- The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.
- The child is under the age of eighteen (18) years on the day the child takes the oath of allegiance.
- The child is unmarried.
The Process
The U.S. citizen parent files an Application for Certificate of Citizenship with the U.S. Citizenship and Immigration Services (USCIS).
After the Application for Certificate of Citizenship is filed, USCIS sends a receipt notice confirming that they received the Application for Certificate of Citizenship.
The child is scheduled for an interview. During the interview, USCIS will go over the information in the Application for Certificate of Citizenship and supporting documents.
If USCIS approves the Application for Certificate of Citizenship, USCIS will administer the Oath of Allegiance before issuing a Certificate of Citizenship. However, generally USCIS waives the oath requirement for a child younger than fourteen (14) years of age. If USCIS waived the oath requirement, USCIS will issue a Certificate of Citizenship after the officer approves the Application for Certificate of Citizenship.
Frequently Asked Questions
- Who can file the Application for Certificate of Citizenship if the U.S. citizen parent is deceased?
If the U.S. citizen parent has died, the child’s U.S. citizen grandparent or the child’s U.S. citizen legal guardian may file the Application for Certificate of Citizenship within five (5) years of the U.S. parent’s death. - Can the U.S. citizen parent file the Application for Certificate of Citizenship and rely on the U.S. citizen grandparent’s physical present in the U.S. if the U.S. citizen grandparent died?
Yes, if the U.S. citizen grandparent met the physical presence requirements at the time of his or her death.
Let Us Help You to File for Your Certificate of Citizenship
If you would like further information and/or assistance filing for your Application for Certificate of Citizenship, contact Cherny Law Office P.C. and get the guidance you need to achieve your goal.
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