Am I a US citizen if one of my parents is?
Children are considered to be citizens of America if any of their parents is or became one just before they turned 18 years old. However, there has been a list of changes accepted so that you need to keep the following details in mind:
You can be considered a citizen if both of your parents are but you were born abroad. However, there is one condition to that – at least one parent should have spent some time in the USA before.
In case you were born abroad and one of your parents is a citizen then you are also one in case all the details stated below are true to life:
- When you were born at least one of the parents was already a citizen
- Your citizen parent must have lived in the USA for 5 years prior to your birth; what is more at least two out of five years were spent there after your parent’s 14th birthday (keep it in mind that in case you were born before November 14, 1986, then it is 10 years in the USA instead of 5 and 5 years after the 14th birthday of your parent instead of 2)
In case all the described coincides with your situation then you are a citizen of the USA and there is no need to apply for N-400 form. The record of your birth abroad registered with US embassy is enough. You have the right to apply for American passport as well. Form N-600 can be filed also in case there is a need for additional proof of your citizenship.
There is also another possible way for children to acquire citizenship due to the one that a parent owns. The thing is that in case your parent became a citizen while you were a child you may be a citizen as well. However, three conditions are bound to be complete:
- One of the parents needs to be a citizen due to birthright or naturalization process.
- The child is a permanent resident younger than 18 years old.
- The child lives or lived legally and physically with the USA citizen parent.
To sum everything up it is essential to mention the fact that the laws undergo constant changes and to be a 100% aware of your situation and possible chances it is best to consult an immigration lawyer in the first place.
March 10, 2019