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The immigration laws provide for three main mechanisms that a U.S. citizen or immigrant parent can potentially use to seek citizenship for their child: acquisition of citizenship, derivation of citizenship, and application for citizenship under Section 322.
Applying for the Certificate of Citizenship (N-600) If you are the U.S. citizen parent of a minor child, you can help your child get a certificate of citizenship. You need to fill out and file Form N-600 Application for Certificate of Citizenship. If your child is over 18, they need to sign the form themselves.
If your child is a US citizen, you are considered to be an immediate relative who will be eligible for a green card. This means that if you are a parent of a US citizen who is at least 21 years old, you can live and work in the US by applying for a green card under the immediate relative criteria.
If only one parent was a U.S. citizen, that parent must have resided in the U.S. for at least ten years before your birth. At least five of those years must have been after that parent reached the age of 16. With a parent thus qualified, you acquired U.S. citizenship at birth, but with conditions for keeping it.
After you become a citizen of the United States, you may help your parents become lawful permanent residents of the United States. To do so, you need to sponsor your parent. You are eligible to get a Green Card for parents if you are a U.S. citizen and at least 21 years old.
Birth Abroad to U.S. Citizen ParentOne of your parents was a U.S. citizen when you were born; Your U.S. citizen parent lived at least five years in the United States before you were born; and. At least two of the five years in the United States were after your U.S. citizen parent's 14th birthday.
A child can also obtain U.S. citizenship through parents after his or her birth. Derivative citizenship may be established after birth but before the age of 18. If you have a parent that became a U.S. citizen after your birth and met a few other requirements, you could be a U.S. citizen automatically through this path.
Applying for the Certificate of Citizenship (N-600) If you are the U.S. citizen parent of a minor child, you can help your child get a certificate of citizenship. You need to fill out and file Form N-600 Application for Certificate of Citizenship. If your child is over 18, they need to sign the form themselves.
If your child has had a green card for at least 5 years and is over 18, he/she may be eligible to apply for naturalization on his/her own by completing the N-400 application. Can my stepchild become a citizen when I become a citizen? No. Stepchildren cannot derive citizenship from their stepparents.
The short answer to the Can I get a green card through my child? question is yes but there are some caveats. The most difficult limitation is the child's age. Only parents of a U.S. citizen who is at least 21 years old will be considered immediate relatives that are eligible for a green card right away.