A Certificate of Citizenship Application differs from a Naturalization Application. A Certificate of Citizenship is evidence that the US citizen child is a citizen. One may file an application for certificate of citizenship if the child was born abroad and one is claiming citizenship at birth through parents or one became a US Citizen by operation of law after one's birth but before the 18th birthday.
General Requirements to become Citizen When Children Born Outside United States; Conditions under which Citizenship Automatically Acquired
Generally, A person born outside of the United States by operation of law becomes a citizen of the United States when the following conditions have been met: (1) At least one of the child's parents is a United States Citizen whether by birth or naturalization (2)The child is under the age of 18 years old (3) The Child is residing in the United States in the legal and physical custody of the citizen parent because of lawful admission for permanent residence. 8 USC 1431
General Requirements to become Citizen When Children Born And Residing Outside United States; Conditions for Acquiring Certificate of Citizenship
Generally, a parent who is a citizen of the United States may apply for Certificate of Citizenship on behalf of a child born outside of the United States who has not automatically acquired citizenship if the following conditions are fulfilled: (1) At least one person is a citizen of the United States, whether by birth or naturalization.(2) The Citizen parent has been present in the United States for five years or more and at least two of those years were after ataining 14 years old (3) The Child is under eighteen years. (4) The child is residing outside the United States in the legal and physical custody of the applicant (5) The child is temporarily present in the United States because of lawful admission, and the person is maintaining lawful admission. 8 USC 1433
Certificates of Certification can become complicated and the law provides specific guidance on children born out of wedlock, and children born to citizen parents who later become deceased, and adopted children.
The above statements do not represent legal advice or guarantee any outcomes. If a person wants legal advice contact the Law Office of Charles Dawkins Jr. for a confidential appointment.
Contact Charles Dawkins Jr. today at 908-962-9929 or online for a consultation regarding the Certificate of Citizenship application.