A Citizenship Lawyer for All Your Immigration Needs 

Career opportunities, higher education, quality of life, unification with family, and political freedom are all reasons why people seek to immigrate to the United States. If you were not born in the US the concept of becoming a citizen is likely overwhelming, but there are many pathways to citizenship – you have options. At George & Marzialo, PLLC, it is our job to help you find the one that is most appropriate for your unique circumstances.

Benefits of US Citizenship 

The outcome of an immigration application is uncertain, and an unfavorable decision can result in severe consequences, such as denial of entry to the U.S. or removal from the country. We know that’s scary. The process may require extensive documentation and legal procedures, making individuals feel overwhelmed. We understand that kind of anxiety. For many immigrants, the prospect of being separated from loved ones, either temporarily or permanently, can make action seem impossible. We realize the seriousness of this situation.

These concerns are all valid and real, but US citizenship is possible. With the proper guidance from an experienced citizenship lawyer, you can feel confident understanding your immigration options and take action toward making them a reality.

There is great value in completing the US immigration process effectively. You obtain the right to vote in federal elections, you can work and live anywhere in the country, and you are protected from deportation. As a citizen, you can obtain a passport and travel freely around the globe. You can sponsor family members and close relatives so they can achieve their immigration goals. Becoming a US citizen is a significant step in establishing a long-term connection to the United States and gaining access to the rights and benefits it provides. A George & Marzialo, PLLC citizenship lawyer, can help you get there.

Options for US Citizenship 

There are several ways you can obtain US citizenship depending upon your parental lineage, genetic history, ancestors, the military service of your family, and other factors. 

Citizenship through Acquisition or Derivation 

If you were born outside of the United States, it is still possible that you acquired US citizenship through your parents or grandparents. Persons who were born outside of the US to parents who are US citizens will generally be US citizens. To gain this classification, you must complete specific paperwork to prove that your parents are US citizens. 

People born abroad and only one of their parents was a US citizen at the time may be a US citizen depending upon certain factors. Determining whether you “acquired” US citizenship upon birth through a parent or “derived” citizenship while a minor through your parents requires a careful assessment of how the law applies to your unique circumstances. 

Working with a citizenship lawyer helps to make the complex laws and regulations concerning US citizenship through acquisition or derivation understandable so that you can identify your best choices. 

Children Born to US Citizen Parent(s) in Wedlock

A child born abroad to a parent or both parents who were US citizens can acquire citizenship at birth. The laws concerning how to do this shifted many times in the recent past, including in 1934,1940, 1952, and 1986. 

Whether or not a child born abroad acquired US citizenship at birth depends on the following considerations:

• The date of birth of the child; 
• Whether both or at least one parent were US citizens at the time of birth; 
• In some situations, the duration of time that the parent or parents resided or were physically present in the US or outlying possessions, independent of the immigration status of the parent or parents at that time. 

How your application is completed alongside the relevant information can impact the outcome and how long it takes to achieve a positive result. Generally, there are two ways to acquire US citizenship through US citizen parents: (1) either at birth or (2) after birth before the age of 18. Which options might be available to you are determined by laws enacted by Congress to decide how citizenship is conveyed from a US citizen parent or parents to children born outside the US. A citizenship lawyer from George & Marzialo, PLLC can evaluate which laws best apply to your situation.

US Citizenship Based on Ancestors 

While it may be assumed that you must have living US parents to gain citizenship through their status, that is not necessarily the case. US citizenship can be acquired through certain ancestors who were US citizens, including deceased parents. If one of your parents had become a naturalized US citizen prior to having passed away, there is the possibility that the status of a late US citizen parent can be used to support your own efforts to become a US citizen. 

There is a complex set of laws in place related to the acquisition of US citizenship for children who were born outside of the US that may apply to your situation. It is possible, in some instances, to prepare an application with your citizenship lawyer to file for a US passport at the US consulate of the nation in which you are currently residing. 

The following documents are required to prove eligibility for US citizenship through ancestors:

• Birth certificate, 
• Proof of your parents marriage, 
• Proof of a parent’s Naturalization Certificate or US Passport, and
• Proof of your US citizen parent’s physical presence in the US for a minimum of 10 years, with some specific limitations that may apply to age. 

Options through the Child Citizenship Act of 2000

Achieving US citizenship through the ancestry path is supported by the Child Citizenship Act of 2000. This particular act provides for two provisions that enable the foreign-born, biological, and/or adopted children of US citizens to gain US citizenship, so long as certain requirements are met before they reach the age of 18. The Child Citizenship Act only applies to children who did not acquire their US citizenship at birth. 

The following requirements must be met before the applicant turning 18 years old to gain citizenship through the Child Citizenship Act of 2000 or Section 320 of the Immigration and Nationality Act (INA 320):

• Have a minimum of one US citizen parent, either through birth or naturalization;
• Be admitted into the US as an immigrant for lawful permanent residence;
• After admission to the US, the child must reside in the country under the physical and legal custody of a US citizen parent; and,
• Should the child have been adopted, their adoption must be full and final, as the adoption process must be fully recognized and legally complete in the US state in which the child is residing. 

Should you and your child reside outside of the US, but you have citizenship rights in the US, your child may apply for a certificate of citizenship through USCIS under INA 322 and take an oath of naturalization to bring the child’s citizenship acquisition to completion. 

To gain US citizenship through INA 322, your child must meet the following requirements before turning 18 years old:

• Have a minimum of 1 parent with US citizenship through naturalization or birth;
• Have a US citizen parent with a physical presence in the US for a total of 5 years minimum, at least 2 following the age of 14; 
• When the parent of the child is unable to meet the physical presence requirement, then one of their US-citizen grandparents must meet the physical presence requirement. 

Also, the child must live abroad in the physical and legal custody of the US citizen parent, be temporarily present in the US under lawful admission, and presently maintain their lawful status. 

The paths available for citizenship to children born abroad to at least one US citizen parent will vary depending upon your unique circumstances. Before submitting your application, your citizenship lawyer will carefully review all of the information and evidence concerning your citizenship status and that of any relevant relatives who can help approve your application. 

Acquiring US Citizenship for Children Born Out of Wedlock 

For a child born out of wedlock to a US citizen parent of parents, they can obtain citizenship at birth either through: 

• A US citizen mother, 
• When a child is legitimated by a US citizen father, 
• Or when a US citizen father acknowledges that the child is his (acceptance of paternity). 

The acceptance of paternity is a form of legitimization that provides for a path to citizenship and requires the completion of a number of additional documents and forms in support of the application. Paternity legitimation is a matter that your citizenship lawyer can address.

Certificate of US Citizenship with Form N-600

Form N-600 is used to prove your US citizenship through your parents or to prove your US citizenship for those who may already be US citizens. According to the USCIS, you may be able to obtain citizenship through your US citizen parents when you are born or after you were born but prior to turning 18 years of age.

The eligibility criteria to determine whether you can become a US citizen through this pathway depends upon a variety of factors, including:

• Your date of birth 
• The citizenship status of your parents
• The marital status of your parents 
• Your parents’ residence and physical presence in the US prior to your birth 
• Whether you were born in or out of wedlock 
• If the parent under the appropriate applicable laws legitimated you 
• Whether or not you were legally adopted 

Whether or not Form N-600 is the best choice for your application depends on various factors. The best way to support the success of your application is by working with a citizenship lawyer. 

The Definition of “Child” Concerning Citizenship 

It is important to recognize that acquiring or deriving US citizenship for your children turns on the definition of “child” established by the United States Customs and Immigration Services (USCIS). Generally, an individual is defined as a “child” for the purposes of citizenship and naturalization provisions if they are:

• The genetic, legitimated, or adopted child of a US citizen, or
• The child of a non-genetic gestational US citizen mother who is recognized by the relevant jurisdiction as the child’s parent under the law. 

How the definition applies to you can vary, and the USCIS has a policy manual specifically to determine how the children of US citizens are defined. Unfortunately, these policy manuals are changed relatively often and contain complex legal terminology that must be understood to effectively translate and understand how to apply the rules to your particular situation. The ever-changing legal landscape makes working with a citizenship lawyer of particular value. Our team will translate and apply the law to your unique situation on your behalf to support the best possible outcome. 

Why You Need a Lawyer for Citizenship 

When applying for US citizenship, inconsistencies in the application can result in costly and time-consuming denials. In worst-case scenarios, improperly filed immigration applications could lead to the applicant facing a removal hearing. A citizenship lawyer is on your side – handling challenges, representing you in court, double-checking necessary criteria, and avoiding mistakes. Speak with a citizenship lawyer at George & Marzialo, PLLC, today to learn about your immigration options.

Connect with a Citizenship Lawyer at George & Marzialo PLLC

The Lawyers at George & Marzialo, PLLC have been where you are and know how to help you achieve your US citizenship goals. To find out more about our extensive immigration legal services and how we can customize a plan to meet your immigration goals, contact our firm to schedule a consultation with an experienced and skilled citizenship lawyer.