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Pathway

U.S. Citizenship Through Parent After Birth

United States Citizenship
Pathway overview

At a glance

If you were born abroad, you may have become a U.S. citizen automatically while growing up. Under the modern rule, you generally must have been under 18, a permanent resident, and living in the United States in a U.S. citizen parent's legal and physical custody. All the requirements must have been met at the same time.

Parent
A U.S. citizen parent
Child's status and home
Generally a lawful permanent resident living in the U.S. in the citizen parent's legal and physical custody; military and government-family exceptions apply
Timing
The conditions must overlap before age 18 under the modern rule; people who turned 18 before February 27, 2001 use earlier law

Summary

Some children who were not U.S. citizens at birth become citizens automatically later through a U.S. citizen parent. The required permanent-residence, custody, and residence conditions must have been met together before the applicable age deadline, normally age 18 under the current rule.

The rule is in section 320 of the Immigration and Nationality Act (INA). A passport or Certificate of Citizenship proves that citizenship began; it does not create it.

The modern rule requires all conditions to overlap before age 18
  1. Check the law and the citizen parent Identify the rules for the child's age and dates and prove the qualifying parent's U.S. citizenship.
  2. Find when residence and custody conditions overlapped Under the modern rule, the child must have permanent residence and live in the U.S. in that parent's legal and physical custody while under 18.
  3. Get proof of existing citizenship If all the conditions overlapped, apply for a passport or Certificate of Citizenship.

The conditions can arise in any order. Older laws and some military or government families have different rules. Section 322 covers a separate application process for some children abroad.

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Eligibility

For INA 320, generally confirm that, at one point on or after February 27, 2001 and before the person's 18th birthday:

The requirements can be met in any order, but they must overlap before age 18. Special rules treat certain children living abroad with U.S. military or federal government families as meeting the U.S. residence requirement. People who turned 18 before February 27, 2001 must be evaluated under the earlier law. Stepchildren do not acquire citizenship through a stepparent under this provision unless an adoption creates a qualifying relationship.

What This Route Allows

If the conditions were met, the person can seek evidence of existing citizenship through a U.S. passport or Form N-600 Certificate of Citizenship. Citizenship does not expire, although passports and other proof documents do.

The route can include qualifying adopted children, but adoption timing, legal custody, immigration category, and whether the adoption is final can affect eligibility.

What This Route Is Not

This is not citizenship at birth abroad, and it is not ordinary naturalization. It also does not cover every child of a U.S. citizen who lives outside the United States.

A child residing abroad who did not automatically acquire citizenship may instead have an application-based route under INA 322. That process generally must be completed before age 18 and may use qualifying physical presence of a U.S. citizen parent or, in some cases, grandparent.

It usually requires the child to be lawfully present in the United States for the interview and oath, with special rules for children of U.S. military members. INA 322 citizenship is not automatic merely because the family appears eligible.

Next Steps

  1. Create a dated timeline for the child's birth, the parent's citizenship, lawful permanent residence, U.S. residence, custody, adoption events, and 18th birthday.
  2. Gather the green card or immigrant-admission record, the parent's citizenship proof, birth or adoption records, custody orders, and records showing shared U.S. residence.
  3. Determine whether INA 320, an older law on children gaining citizenship through parents, or the INA 322 process applies.
  4. Choose the appropriate proof process: passport, Form N-600, or—only for an eligible child residing abroad—Form N-600K.
  5. Do not file Form N-400 for ordinary naturalization if the person may already be a citizen.

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Other routes in United States.

Sources