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  • Naturalization by parent

    Hi,

    My friend (born abroad) used to live (for over 5 years, after age of 15) in the USA long ago.
    Afterwards he got married (abroad) and had children (abroad), who are now all over 18 years old and want to apply for citizenship/naturalization.
    Are they eligible?

    Best regards

  • #2
    The children were born in wedlock (i.e. him and his wife were the biological parents and were already married when they were born) and were born after 1986, right? If so, they are already US citizens and have been since birth. They can apply for US passports with the relevant evidence.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Assuming your friend after staying 5 yrs. in US got his US Citizenship, based on the below the Children will not be eligible as they are over 18 yrs. of age.

      The below is from USCIS Manual "https://www.uscis.gov/policy-manual/...rt-h-chapter-5

      A genetic, legitimated, or adopted child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:
      • The child has at least one U.S. citizen parent by birth or through naturalization, (including an adoptive parent);[3]
      • The child’s U.S. citizen parent or citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;[4]
      • The child is under 18 years of age;
      • The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
      • The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.

      Comment


      • #4
        Originally posted by ShibuM View Post
        Assuming your friend after staying 5 yrs. in US got his US Citizenship, based on the below the Children will not be eligible as they are over 18 yrs. of age.

        The below is from USCIS Manual "https://www.uscis.gov/policy-manual/...rt-h-chapter-5

        A genetic, legitimated, or adopted child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:
        • The child has at least one U.S. citizen parent by birth or through naturalization, (including an adoptive parent);[3]
        • The child’s U.S. citizen parent or citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;[4]
        • The child is under 18 years of age;
        • The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
        • The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.
        This is the naturalization process for citizenship after birth for children who weren't citizens at birth. The OP's children are most likely already US citizens at birth.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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