Options for Child Born Abroad to US Citizen parents

Understanding the immigration options for a child born abroad with one US citizen parent and one non-US citizen parent can be challenging. In this blog post, we will discuss the various pathways to citizenship or permanent residency for these children, including acquiring US citizenship at birth, obtaining a Consular Report of Birth Abroad (CRBA), and pursuing family-based immigration.

Acquiring US Citizenship at Birth for Child Born Abroad

In some cases, children born outside the United States to a US citizen parent may automatically acquire US citizenship at birth. The Immigration and Nationality Act (INA) outlines the conditions for acquiring US citizenship for children born abroad with one US citizen parent and one non-US citizen parent:

• The US citizen parent must have been physically present in the United States or its outlying possessions for at least five years, with at least two of those years being after the age of 14.
• The child’s biological relationship with the US citizen parent must be established.
• The child must be under the age of 18.

These physical presence requirements can be met through any combination of time spent in the US before the child’s birth and do not have to be continuous.

Consular Report of Birth Abroad (CRBA)

Parents of children who acquire US citizenship at birth should apply for a Consular Report of Birth Abroad (CRBA) at the nearest US embassy or consulate. A CRBA is an official document that serves as proof of the child’s US citizenship. To apply for a CRBA, parents will need the following documentation:

• Proof of the US citizen parent’s citizenship, such as a US passport or birth certificate
• Proof of the parents’ relationship, such as a marriage certificate or other evidence
• Proof of the US citizen parent’s physical presence in the United States, such as school or employment records
• The child’s foreign birth certificate

It is advisable to apply for a CRBA as soon as possible after the child’s birth. If the child does not qualify for a CRBA, parents can explore family-based immigration options.

Family-Based Immigration for Child Born Abroad

If a child does not automatically acquire US citizenship at birth, they may still be eligible for family-based immigration through their US citizen parent. In this case, the US citizen parent can file a Petition for Alien Relative (Form I-130) with the US Citizenship and Immigration Services (USCIS) on behalf of their child.

Once the I-130 petition is approved, the child can apply for an immigrant visa at the US embassy or consulate in their country of residence. If the immigrant visa is granted, the child will be able to enter the United States as a lawful permanent resident (green card holder). After meeting certain residency requirements, the child may eventually apply for US citizenship through naturalization.

Conclusion

Navigating the immigration options available to children born outside the United States with one US citizen parent and one non-US citizen parent can be complex. By understanding the acquisition of US citizenship at birth, the Consular Report of Birth Abroad (CRBA), and family-based immigration, parents can make informed decisions about the best course of action for their child’s unique situation. Consulting an experienced immigration attorney can also be beneficial in ensuring that all necessary steps are taken to secure the child’s immigration status.