The Los Angeles, California immigration firm of Swanson & Swanson is committed to resolving your immigration and naturalization matter, including your acquisition of U.S. Citizenship through parentage. Our lawyers provide services in a professional, friendly environment. We have dedicated ourselves exclusively to immigration law since our founder, Otto Swanson, began accumulating knowledge of immigration law as an employee of the Immigration Service in 1954.
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To speak to a knowledgeable immigration attorney about obtaining U.S. citizenship through parentage, call 310-694-5914.
Parentage and U.S. Citizenship
As a general rule United States citizenship is the result of birth in the States or through naturalization following a period of 3 to 5 years of residence in the United States as a permanent resident. However for a child under the age of 18 there are two exceptions to the general rules. One exception provides for automatic citizenship and the other provides for citizenship upon application by a parent. In either case, United States citizenship is acquired without regard to the length of time the child has resided in the United States.
Automatic Citizenship
Children will acquire United States citizenship automatically under the following conditions:
- At least one parent of the child is a citizen of the United States,
- The child is under the age of eighteen years, and
- The child is residing in the United States as a permanent resident in the legal and physical custody of the citizen parent.
Citizenship on Application of United States Citizen Parent
The child of a United States citizen will be declared a United States citizen and issued a certificate of citizenship upon application by the parent under the following conditions:
- At least one parent is a citizen of the United States,
- The United States citizen parent-
- Has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or
- Has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years,
- The child is under the age of eighteen years, and
- The child lives outside of the United States in the legal and physical custody of the citizen parent.
The application is filed in the United States and the child must be Stateside to complete the application. If the child is not stateside, authorization to come to the United States can be secured for this purpose from the United States Consulate or Embassy nearest the child's home.
Proof of Citizenship
Proof of United States citizenship in the case of a child who has acquired citizenship automatically is secured either through an application for United States passport or a Certificate of United States citizenship.
Proof of United States citizenship in the case of acquisition on application by a parent is provided of course upon the approval of the application in the form of a Certificate of Citizenship. Once this has been issued the child would then also be entitled to a United States passport.
