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Immigration Law Blog

Wednesday, April 13, 2016

Obtaining U.S. Citizenship Through a Grandparent

The Immigration and Naturalization Act provides that children born outside the U.S. are automatically U.S. Citizens if one of their parents is a U.S. citizen.  There are, however, a number of exceptions.  

To transmit citizenship to a child, the parent must not only be a U.S. citizen but must also meet a physical presence requirement.  The parent must have resided in the U.S. or one of its possessions for at least five years, and for two of the five, the parent must have been at least 14 years old.

If a child is not eligible because a U.S. citizen parent failed to meet the physical presence requirement, the child can still receive citizenship through the physical presence of a grandparent.  There are three basic requirements:

1.  The child is the offspring of parent who is a U.S. citizen, whether by naturalization or birth.

2.  The child is under the age of 18 and in the custody of the U.S. citizen parent.

3.  The child's U.S. citizen grandparent was physically present in the U.S. or its possessions for at least five years, for two of which the grandparent was at least 14 years old.

As with the U.S. citizen parent, the calculation of the total time of physical presence can include periods when the grandparent was not a U.S. citizen.

If the grandparent is dead, the provision is still available.  All that is required is that the grandparent was a U.S. citizen and met the physical presence requirements at the time of his or her death.

Parents seeking to use the grandparent provision for a child must file a form N-600K with the United States Citizenship and Immigration Services prior to the child's eighteenth birthday and attend an appointment in person with the child.  If the parent has died, the child's grandparent or legal guardian can apply within five years of the parent's death.

If you or your loved one is trying to obtain U.S. citizenship through a grandparent, you should seek the advice of a seasoned immigration attorney to achieve the best possible result.


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