If you’re an immigrant, is your child a U.S. citizen? 

On Behalf of | Jan 20, 2025 | Citizenship

You and your spouse both immigrated to the United States. Your relationship began in another country, but you’ve now been living in the U.S. for some time. Perhaps you’ve obtained a green card and are a permanent resident.

In the future, you plan to adjust your status to become a U.S. citizen. You’re aware of the many steps involved, such as taking the naturalization test. Building a future for your family in the U.S. makes this a logical step.

However, you’re wondering if your child will also need to go through this process. Are they already a U.S. citizen, or will they need to adjust their status once they turn 18, similar to your plans?

Where was your child born?

One key factor in determining your child’s citizenship status is their place of birth. If your child was born overseas and came to the U.S. with you, they are not automatically a U.S. citizen, even if they’ve lived in the country for most of their life. Their immigration status would need to be adjusted in the future.

If your child was born in the U.S., they are  (as the law stands) automatically a U.S. citizen due to birthright citizenship. Even though you are a permanent resident, your child gains U.S. citizenship at birth because they were born on U.S. soil.

Naturalization and children under 18

If you go through the naturalization process and become a U.S. citizen while your child is under 18, unmarried, and in your custody, they can derive citizenship from you automatically. However, if they turn 18 or older before you naturalize, they will be considered a legal adult and will need to go through the citizenship process independently.

As you can see, there are multiple paths to citizenship in the U.S., each with its own requirements. It’s important to understand the specific legal steps needed for your family’s situation.