How Can a Minor Get US Citizenship?

Imagine this: a young individual, raised abroad, suddenly discovers that they might be eligible for US citizenship. The possibility of holding one of the most powerful passports in the world can be life-changing, especially for a minor. But, can a minor actually get US citizenship? The answer is yes, and there are several pathways, each with its own complexities. By understanding the various options, including those for children of US citizens and immigrants, you can navigate the process with greater clarity. Let’s dive into these options and understand how minors can claim their US citizenship.

1. Citizenship by Birth (Jus Soli)

One of the simplest ways a minor can obtain US citizenship is by being born on US soil. The US follows the principle of jus soli, meaning anyone born within its borders automatically becomes a citizen. This applies regardless of the citizenship of the parents, making this one of the most straightforward and powerful ways to obtain US citizenship.

However, what if a child is born outside the US? That brings us to the next pathway.

2. Citizenship Through Parents (Jus Sanguinis)

Another common route for minors to obtain US citizenship is through their parents, also known as jus sanguinis or citizenship by blood. If a child is born to a US citizen parent (or parents) abroad, they may automatically acquire citizenship at birth. There are, however, a few conditions:

• Residency Requirements for Parents: The US citizen parent(s) must meet certain residency requirements. If one parent is a US citizen, they must have lived in the US for at least five years before the child's birth, two of which must have been after the age of 14. If both parents are US citizens, they only need to demonstrate that they had lived in the US at some point in their lives.

• Consular Report of Birth Abroad (CRBA): To formalize the citizenship of a child born outside the US, the parent(s) must file for a CRBA at the nearest US embassy or consulate.

This method can apply not only to children born abroad but also to minors whose parents may have obtained citizenship later.

3. Naturalization of Minor Children

If the child wasn't born in the US and did not automatically acquire citizenship through their parents, there's still hope. Minors can also obtain citizenship through the naturalization process. While naturalization is typically associated with adults, minors may qualify if they meet specific criteria. Here's how it works:

• Parents’ Naturalization: A minor child can become a US citizen if one or both parents become naturalized citizens while the child is under 18 years old. To qualify, the child must also be a permanent resident (hold a Green Card) and reside with the naturalized parent in the US.

• Expedited Naturalization for Military Families: For minors whose parents are in the US military, there's an expedited naturalization process. If the parent serves in the US armed forces, the minor may be eligible for fast-tracked citizenship even if they are residing outside the US.

4. Adopted Children

Adopted minors also have a route to US citizenship through the Child Citizenship Act of 2000. For international adoptees, the process looks slightly different from biological children but is still quite straightforward. The child must meet the following requirements:

• The adoption must be finalized.
• The child must be under 18 at the time the adoption is finalized.
• At least one adoptive parent must be a US citizen.
• The child must be a lawful permanent resident (Green Card holder) and reside in the physical and legal custody of the US citizen parent.

If these conditions are met, the adopted child automatically acquires US citizenship without needing to go through a separate naturalization process.

5. Derivation of Citizenship

Minors can also obtain US citizenship through what’s called the "derivation" of citizenship. This happens when a child, living as a permanent resident in the US, derives citizenship when a parent or both parents become US citizens. To qualify, the child must:

• Be under 18 years of age.
• Reside in the US under the legal and physical custody of the citizen parent.
• Hold lawful permanent resident status (Green Card).

In many cases, the derivation of citizenship occurs automatically, and the child is granted US citizenship without needing to apply separately.

6. Challenges and Legal Complexities

While these pathways are well-established, the process can be challenging due to the various legal requirements, especially in cases where documentation of the parent's citizenship or residency may be lacking. For example:

• Disputes over Custody: In cases of divorced or separated parents, questions about custody can complicate whether the child can derive citizenship through a parent.

• Lack of Residency Proof: US citizen parents living abroad might struggle to meet the residency requirements to pass on citizenship to their child. Proving US residency, especially decades later, can be difficult without proper documentation.

7. Special Circumstances

In some situations, minors who do not qualify under any of the above methods may still be able to apply for US citizenship on a case-by-case basis, depending on their unique circumstances. For example, refugee or asylee minors may be eligible for a more expedited process, particularly if one or both parents gain citizenship. Additionally, minors who are victims of trafficking or neglect may have legal avenues available through humanitarian relief programs.

8. Key Steps to Take

If you believe a minor in your care may be eligible for US citizenship, it's important to take the following steps:

• Collect Documentation: Start by gathering essential documents such as birth certificates, parents' proof of citizenship, and residency documentation. For international cases, consular records and passports are critical.

• Consult an Immigration Attorney: Immigration law is complex, especially when minors are involved. Working with an immigration attorney can help ensure that all necessary paperwork is completed correctly, and the process is as smooth as possible.

• Apply for Citizenship: Depending on the child's eligibility, submit the appropriate forms such as the CRBA for children born abroad or N-600 for children deriving citizenship from a parent.

9. Future Implications of Citizenship

Holding US citizenship opens a world of opportunities for minors, from educational prospects to career growth and travel. The ability to work, live, and study in the US without restrictions, along with access to government services and protections, is invaluable. Additionally, once citizenship is obtained, it cannot be revoked except in rare and extreme cases, such as fraud during the application process.

Finally, US citizenship grants the right to vote, although minors will have to wait until they are 18 to exercise this privilege. As they grow into adulthood, US citizenship becomes a crucial part of their identity and legal status, ensuring they have full rights and protections under US law.