Expedited Naturalization for Children Residing Outside the U.S.
There are many pathways to obtaining U.S. citizenship, including an expedited naturalization process for certain qualifying children of U.S. citizens residing outside the United States. Children residing outside of the U.S. may obtain citizenship under Section 322 of the INA.
A child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:
- The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
- The child’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the U.S. or an outlying possession;
- The child is under 18 years of age;
- The child is residing outside of the U.S. in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
- The child is lawfully admitted, physically present, and maintaining a lawful status in the U.S. at the time the application is approved and the time of naturalization.
Application for Citizenship and Issuance of Certificate under Section 322 (Form N-600K)
A U.S. citizen parent of a biological, legitimated, or adopted child born outside of the U.S. who did not acquire citizenship automatically may file an Application for Citizenship and Issuance of Certificate Under Section 322 (Form N-600K) for the child to become a U.S. citizen and obtain a Certificate of Citizenship. The application may be filed from outside of the United States.
Reliance on Physical Presence of Child’s U.S. Citizen Grandparent
If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet the requirement. In such cases, the officer first must verify that the citizen grandparent, the citizen parent’s mother or father, is a U.S. citizen at the time of filing. Like in the case of the citizen parent, the officer also must ensure that:
- The U.S. citizen grandparent has been physically present in the U.S. or its outlying possessions for at least 5 years; and
- The U.S. citizen grandparent met such physical presence for at least 2 years after he or she reached 14 years of age.
Examples of Evidence of Physical Presence: academic records/transcripts, employment records/Social Security records, medical records, rental receipts/property documents/utility bills, travel records, etc.
Citizenship Interview & Oath of Allegiance
In general, an applicant must appear in person for an interview before a USCIS officer after filing Form N-600K. This includes the U.S. citizen parent or parents if the application is filed on behalf of a child under 18 years of age. USCIS, however, may waive the interview requirement if all the required documentation necessary to establish the applicant’s eligibility is already included in USCIS administrative records. Additionally, USCIS generally waives the oath requirement for children younger than 14 years of age. If USCIS waives the oath requirement, USCIS issues a Certificate of Citizenship after the officer approves the application.