Information for Adoptive Parents with Children Residing Abroad, January 2004
Some adopted and biological children do not qualify for automatic citizenship as stated under Section 320 of the Immigration and Nationality Act. However, U.S. citizen parents may still apply for U.S. citizenship for their adopted children who permanently reside abroad.
Frequently Asked Questions on Children Residing Abroad
1) Is automatic citizenship provided for children living outside the United States?
No. In order for a foreign-born child living outside the United States to acquire citizenship, the
U.S. citizen parent must still apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.
To be eligible, a child must meet the following requirements:
- The child has at least one U.S. citizen parent (by birth or naturalization);
- The U.S. citizen parent has been physically present in the United States for at least five
years, at least two of which were after the age of 14–or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;
- The child is under 18 years of age;
- The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died.
- The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and
- The child must meet the requirements applicable to adopted children under immigration law
If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please
see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)
If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, USCIS may waive the oath requirement.
2) I am filing for a child who lives abroad. What documents do I have to submit with the form?
If your child has not immigrated to the United States (does not have a "green card"), you should submit:
- Photographs of your child,
- Fee,
- Your child's birth certificate,
- Your birth certificate or naturalization certificate,
- Your marriage certificate (if applicable),
- Evidence of termination of previous marriages (if applicable),
- Evidence of a full and final adoption (if applicable),
- Evidence of all legal name changes (if applicable), and
- Form N-600k.
3) What forms do I file and what are the fees?
You can apply for evidence of citizenship by filing form
N-600K (Application for Citizenship and Issuance of Certificate Under Section
322) at any USCIS District Office or Sub-Office in the United States. If you are filing on behalf of an adopted minor child, the fee is $145 (all other applicants must pay $185).
4) Where should I file the forms?
If filing for a child who lives abroad, you may file the Form N-600K at any USCIS District Office or Sub Office in the United States. You and your child will need to travel to the United States to complete this application process.
5) What resources are available to answer questions about the Child Citizenship Act?
For more information about the CCA application procedures and forms, you may go to the USCIS Web site at http://uscis.gov or contact our National Customer Service Center at 1-800-375-5283. USCIS has also made available field guidance and public materials to all information officers and other front line staff to aid them in answering questions.
Please also read the following for more information:
Child Citizenship Program Fact Sheet, 1/22/04
Information for Parents of Foreign-Born Biological Children Residing in the U.S., January 2004
Information for Adoptive Parents of Foreign-Born Orphans Residing in the U.S., January 2004
Child Citizenship Program Updates
