If you are a U.S. citizen and want your child to obtain lawful immigration status or U.S. citizenship, there are multiple pathways available depending on your child’s age, location, and your immigration status at the time of their birth. At Casais & Prias, our immigration attorneys help families understand the specific legal options available to children of U.S. citizens and guide them through the process from start to finish.

Citizenship at Birth (Inside or Outside the U.S.)
Children born in the United States automatically acquire U.S. citizenship, regardless of their parents’ immigration status. If a child is born abroad to a U.S. citizen parent, they may also acquire citizenship at birth, provided certain residency and physical presence requirements are met. In general, the U.S. citizen parent must have lived in the United States for a specific period prior to the child’s birth.

Naturalization for Children
If your child did not acquire citizenship at birth, they may be eligible to naturalize through a simplified process if they are under 18, residing in the U.S. as a lawful permanent resident, and in the legal and physical custody of a U.S. citizen parent. This is covered under the Child Citizenship Act of 2000 and allows eligible children to automatically acquire U.S. citizenship without filing a separate naturalization application.

Consular Report of Birth Abroad (CRBA)
For children born outside the U.S. to a U.S. citizen parent, a Consular Report of Birth Abroad is often the first step in documenting their U.S. citizenship. This process is handled through a U.S. embassy or consulate and requires proof of the parent’s citizenship and evidence of a qualifying relationship.

Immigrant Visa Petitions for Children Abroad
If your child is not a U.S. citizen and lives outside the United States, you may petition for an immigrant visa to bring them to the U.S. as a lawful permanent resident. The timeline varies depending on your child’s age and marital status. Unmarried children under 21 are considered “immediate relatives,” which typically allows for faster processing.

Adjustment of Status in the U.S.
If your child is already in the U.S., they may be able to adjust status to permanent resident without leaving the country, assuming they are eligible and have maintained lawful entry. This can lead to a green card and eventually U.S. citizenship.

Contact Us Today for Assistance

If you are ready to explore your options or need help navigating your child’s immigration case, contact Casais & Prias to schedule a consultation. We’re here to help you secure your family’s future.

Immigration for Children of US Citizens FAQs

Can my child become a citizen automatically if I become a citizen after their birth?
Yes, if your child is under 18, a lawful permanent resident, and in your legal and physical custody, they may automatically acquire citizenship when you naturalize.

How do I prove my child acquired citizenship at birth abroad?
You will need to file for a Consular Report of Birth Abroad at a U.S. embassy or consulate and provide documentation of your U.S. citizenship and physical presence in the U.S. prior to the child’s birth.

What is the difference between derivative and acquired citizenship?
Acquired citizenship occurs at birth, while derivative citizenship happens automatically after birth when certain conditions are met, such as a parent’s naturalization while the child is a minor.

Can my child adjust status if they overstayed a visa?
Possibly. Children of U.S. citizens who entered the U.S. lawfully may be eligible to adjust status despite overstays, especially if they are immediate relatives.

Is there an age limit for bringing my child to the U.S.?
There is no age limit to petition for a child, but children over 21 are no longer classified as “immediate relatives,” which can significantly impact processing time and priority.

How long does the process take?
Timelines vary. Immediate relative petitions can take several months, while preference category cases may take years. Our firm can help you understand realistic timelines and avoid unnecessary delays.