D. Citizenship for Your Children

LibraryBecoming a U.S. Citizen (Nolo) (2021 Ed.)

D. Citizenship for Your Children

If you give birth to a child in the United States (including in Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands), that child is a U.S. citizen. Of course, that was true even before you became a citizen. However, by becoming a citizen you have gained some important new rights, including the ability to pass citizenship automatically to:

• certain of your existing children born outside the United States (see Section D1), and
• your future children born outside the United States (see Section D2).

If, after reading the sections below, you don't see a way for your child to become a citizen automatically, don't give up—see an attorney. There are ways that children can become citizens that we don't describe here, because they are obscure and rarely used. Act quickly, however. Certain opportunities available to your child could run out after he or she turns 18.

CAUTION

Do not use the information in this chapter to analyze the citizenship rights of anyone other than your own child or the child of someone just becoming a citizen. The laws have changed over the years, but the older laws remain in force for certain children, depending on when they were born, when their parents became citizens, and more. For more information, go to www.nolo.com and search for the article "U.S. Citizenship by Birth or Through Parents."

1. Citizenship for Existing Children

Certain children can become citizens automatically through their citizen parents under a legal concept called "derivation." The Child Citizenship Act of 2000 provides that your children will become U.S. citizens the moment that all of the following become true:

• The child has lawful permanent residence (a green card) and got that permanent residence before age 18.
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