There are certain benefits that come with working in the military or as a civil servant, one of those benefits being that children of U.S. military and civil servants can automatically acquire citizenship. This is something that is often possible even if the child is born abroad, which would make them an immigrant in other situations. However, there are strict requirements according to the Citizenship for Children of Military Members and Civil Servant Act that the child must meet. Here is everything you need to know about these requirements and how an immigration attorney can help ensure citizenship.
Understanding the Citizenship for Children of Military Members and Civil Servants Act
The Citizenship for Children of Military Members and Civil Servant Act was created to ensure that foreign-born children of U.S. citizens who are in the armed forces or are government employees stationed abroad could acquire U.S. citizenship even if they have not resided in the United States. This is one of the benefits that comes with being a civil servant or person in the military since it is not uncommon for children of these individuals to be born overseas. This specific act promises that the children will be granted U.S. citizenship even if they are born abroad, so they will not have to go through the immigration process, which takes longer and is much more expensive.
Requirements For Children of Military and Civil Servants
Something that you need to keep in mind if you are a military member or a civil servant is that the USCIS changed some of the restrictions when it comes to U.S. citizenship for children born abroad in the military. The requirements for the Citizenship for Children of Military Members and Civil Servant Act have changed slightly, so you will need to be up to date with who qualifies.
Understanding whether your child meets the requirements can be very overwhelming as there are many requirements, and every situation is going to look different. Because of this, you need to hire an immigration attorney to assist you with this process to ensure your child meets these requirements and you go through the correct process of getting them U.S. citizenship when they are born overseas.
Children of military members or civil servants can automatically obtain United States citizenship under INA 320 even if they are not in the U.S. as long as they are lawful permanent residents. The child must also be in the legal and physical custody of their U.S. citizen parent. For the U.S. citizen parent to qualify for this, they must be:
- Stationed and residing outside of the U.S. as an active member of the United States Armed Forces.
- Stationed and residing outside of the U.S. as an active employee of the United States government.
- The spouse residing outside the U.S. is married to a United States armed forces member or government employee who is stationed outside of the U.S.
For the child to qualify for U.S. citizenship even when they are born outside the U.S., they must also be under the age of 18 and meet the general requirements for automatic acquisition of citizenship. However, the residence requirement is not necessary for the Citizenship for Children of Military Members and Civil Servant Act.
Application For Certificate of Citizenship
Even children who qualify as a U.S. citizen born in another country need to obtain a certificate of citizenship. It is strongly recommended that you hire an immigration attorney before you start this application process since they will understand how to apply and the type of documentation you will need.
Here is a step-by-step process of how to apply for a certificate of citizenship:
- Gather documentation: Before you apply for a certificate of citizenship or N-600, you need to have two passport style photos, the applicant’s birth certificate or birth record, the U.S. citizen parents birth certificate, and evidence of the parents U.S. citizenship. An immigration attorney can help you find alternative documents if you do not have some of the documents required for this form.
- Fill out the form: The N-600 form is relatively straightforward but you need to fill it out very carefully to avoid making any mistakes that could cause delays. There also is no fee to file this form if you are a member of the U.S. armed forces.
- Submit the application: The easiest way to submit your application for a certificate of citizenship is to do this online, as it is faster and leaves less room for error. To do this, you need to create a USCIS account, which you can continue to log into in the future. You can also send your application by mail to one of the listed mailing addresses for the USCIS.
Depending on your situation, you may need to provide additional documentation to strengthen your application or prove that your child qualifies. Here are some examples of additional pieces of documentation you may need to provide if applicable:
- Proof of the U.S. citizen parent’s status as a civil servant or U.S. military member.
- The U.S. citizen parent’s marriage certificate.
- Evidence of legal name changes.
- Proof of physical custody.
- Divorce documents.
- Evidence of permanent resident status.
- Evidence regarding any adoptions.
- Proof of legal custody.
- Proof of residence or physical presence in the U.S. for the U.S. citizen parent.
Every situation will be different when it comes to the timeline for an N-600 to be processed, especially if you run into any common issues that can cause delays. However, the average processing time for N-600 applications is between four and 22 months.
If you have a USCIS account, you can check the status of your application online and get notified if you need to provide additional documentation for your application to be approved.
Hire an Immigration Attorney Today
Do you want to make sure that your child becomes a U.S. citizen even if they are born abroad? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will do the government, so you don’t have to!
