An American citizen’s child born outside the U.S. may apply for a certificate of citizenship (N-600 or N-600K Form). When applying for the child’s passport, the family can provide the citizenship certificate to the U.S. State Department to prove the child’s nationality.
For citizenship purposes, American law defines the word “child” differently compared to the visa, status, or permanent residency process. Regulation distinguishes a child’s connection to the citizen-mother compared to a citizen-father. Separate criteria apply for children born during a marriage versus out of wedlock.
Automatic Citizenship
A person automatically obtains U.S. citizenship when she or he falls into certain categories:
- a person born in the United States,
- an individual born in the U.S. to an “Indian, Eskimo, Aleutian, or other aboriginal tribe,”
- a person born outside America but whose parents are U.S. citizens and one parent resided in America before the child’s birth,
- a person born outside America from one U.S. citizen parent and a U.S. national, and the U.S. citizen parent was physically present in the U.S. for 1 continuous year before the child’s birth,
- a person born in a U.S. outlying possession from at least 1 U.S. citizen parent, who was physically present in the U.S. for 1 continuous year before the child’s birth,
- a child under age 5 found in the U.S. without parents until determined (before the child reaches age 21) that the child was not born in the U.S.,
- a person born outside America from a foreign national parent and a U.S. citizen parent, who was physically present in the U.S. for no less than 5 years and 2 of those years after the parent became age 14. A U.S. citizen parent’s time outside America due to service in the armed forces, employment with the U.S. Government, or an international organization can satisfy the physical presence requirement. Similarly, the U.S. citizen parent’s time outside America as a military person’s unmarried child or a U.S. Government or international organization’s employee’s unmarried child may satisfy the physical presence requirement.
- a person born before 24 May 1934 outside the U.S. to a foreign national father and U.S. citizen mother, who resided in America before the child’s birth.
See INA § 301.
Certificate of Citizenship
What is a Certificate of Citizenship?
For persons born from a U.S. citizen parent, a certificate of citizenship serves as proof that a person obtained citizenship by birth or derived after birth. When USCIS issues a citizenship certificate, the beneficiary may apply for a passport using the certificate of citizenship to prove U.S. nationality.
Certificate of Citizenship for Children Born Outside the U.S. but Residing Permanently in the U.S. (N-600 Form)
A child born outside the U.S. but permanently living in the U.S. may apply for citizenship when the child:
- has 1 U.S. citizen parent by birth or naturalization,
- is under age 18, and
- is a U.S. permanent resident and lives in America in the U.S. citizen parent’s legal and physical custody.
See 8 C.F.R.§ 320.2(a).
Citizenship Certificate for Children Born and Living Outside the U.S. (N-600K Form)
For children born and residing outside the U.S., INA § 322 authorizes the child to obtain a certificate of citizenship after proving certain criteria:
- the child has at least one U.S. citizen parent,
- the child’s U.S. citizen parent was physically present in the U.S. for at least 5 years (2 years after reaching age 14), or the child’s U.S. citizen grandparent was physically present in the U.S. for 5 years (at 2 years after reaching age 14),
- the child is under age 18,
- the child currently resides outside the U.S. in the U.S. citizen parent’s legal and physical custody, and
- the child is temporarily and lawfully in the U.S. and is maintaining a lawful status.
These requirements differ for children whose citizen parent serves in the U.S. military. Even after a citizen parent dies, a citizen grandparent or guardian may file an application on a child’s behalf no later than 5 years after the parent’s death. See 8 C.F.R. § 322.3(a).
What Happens if USCIS Denies my N-600 Form?
If USCIS denies a child’s N-600 or N-600K Form, USCIS will provide a decision explaining why the agency denied the application. Regulation allows a child to appeal a denied N-600 or N-600K Form.