Automatic Citizenship of Children Through Parents
Requirements for Automatic Citizenship Through Parents
A child born abroad can acquire U.S. citizenship automatically after birth if certain legal conditions are met. These apply regardless of how the parent initially entered or remained in the U.S. Automatic citizenship typically requires that:
The child is under 18: The child must be under the age of 18 when the citizenship requirements are met.
At least one parent is a U.S. citizen: This can be by birth or through naturalization.
The child resides in the U.S. in the legal and physical custody of the citizen parent: They must be living together.
The child has lawful permanent resident status: A green card is required before automatic citizenship can apply.
Without permanent resident status, automatic citizenship does not occur—even if the parent naturalizes. This highlights the importance of adjusting status through a green card before a child turns 18.
When Naturalization Impacts a Child’s Status
When a parent naturalizes, it may open the door to automatic citizenship for their child—if the child is under 18 and already has lawful permanent resident status. The parent must be the biological or legal adoptive parent and must have legal custody of the child. In these cases, the child becomes a U.S. citizen automatically on the date all criteria are satisfied.
This applies whether the parent gained a green card through employment, family sponsorship, or asylum after holding H-2B status. The temporary nature of H-2B itself does not block future naturalization—it just doesn't provide a direct path without additional steps.
Special Considerations for Adopted Children
Adopted children may be eligible for automatic citizenship, but additional requirements apply that don’t affect biological children. To qualify under the Child Citizenship Act, the adoption must be finalized before the child’s 16th birthday, and the adoptive parent must have legal and physical custody. In most cases, the child must also live with the parent for at least two years before the parent files a petition for the child.
USCIS requires proof of the legal adoption, and custody arrangements. These rules apply regardless of how the adoptive parent became a U.S. citizen. Because the law treats adopted children differently in certain areas, families should carefully prepare evidence before applying for proof of citizenship.
Proving Automatic Citizenship Has Occurred
Even when a child meets all the legal requirements for automatic citizenship, they’re not issued formal proof unless a parent takes the additional step to apply. Without official documentation, the child may later struggle to access federal benefits, apply for a job, or obtain a passport. That’s why requesting verification through a government-issued record is important for future legal clarity.
Parents can file Form N-600 with USCIS to receive a Certificate of Citizenship, or they may apply for a U.S. passport with the Department of State. Both methods require supporting documentation, such as the child’s green card, proof of the parent’s citizenship, and evidence of legal and physical custody. Without this confirmation, even children who are legally U.S. citizens may encounter unnecessary legal and bureaucratic obstacles.
Reach Out to a Lawyer
If you're an H-2B worker with questions about your child’s immigration status or eligibility for automatic citizenship, Ruth Lane & Associates, PLLC can help you understand your options. We serve families across Texas, including Bexar County, Harris County, Travis County, Dallas County, and Tarrant County. Contact us to discuss your path forward.