Am I a U.S. Citizen? Should I Apply for Citizenship?
One of the most well-known rights in the United States is the right of everyone born in the U.S. to automatically be granted U.S. citizen status. However, many people born abroad may not know that they were also automatically granted U.S. citizenship. There are two types of people who may be U.S. citizens even though they were born abroad.
The first type are people who had at least one U.S. citizen parent when they were born. There are certain other requirements to fall into this category. If you were born abroad and had at least one U.S. citizen parent, you will want to find out whether you were born a U.S. citizen.
The second type are people who were not born U.S. citizens but automatically became U.S. citizens before they turned 18 years old. This category is for people who immigrated to the United States and who had green cards while they were children. If you had a green card and lived in the United States as a child, and if one of your parents gained U.S. citizenship before you turned 18 years old, you may have automatically been granted U.S. citizenship at the same time your parent gained citizenship.
How Do I Show Proof of My Citizenship?
Although you may be a U.S. citizen because you fall into one of the two categories above, you may not have proof of your citizenship. In this case, you could file an N-600, which asks the government to give you proof of your citizenship. If approved, you will be granted a Certificate of Citizenship. A Certificate of Citizenship is an important document, allowing a citizen to obtain benefits available to U.S. citizens, or avoid deportation based on criminal charges.
We strongly recommend hiring a lawyer to assist in filing an N-600 because you are only allowed to file once, and the government filing fees are expensive. If you don’t get it correct the first time and your N-600 is denied, then you must go through a whole other lengthy and expensive process to get your case re-opened.
Should I File an N-600 Application for Certificate of Citizenship?
There are two types of people who should file an N-600.
- You were born outside of the United States to a U.S. Citizen parent; or
- You automatically became a citizen of the United States after birth but before you turned 18 years old.
I Was Born Outside of the United States to a U.S. Citizen
If you who were born outside of the United States to a U.S. Citizen parent, you should determine whether you were born a U.S. Citizen. The laws are different depending on the year you were born. If you were born a U.S. Citizen, hopefully your parents filed for a Consular Report of Birth Abroad of a Citizen of the United States of America before you turned 18 years old. If your parents did not file and obtain this document before you turned 18, then you will need to file an N-600.
I Automatically Became a Citizen after Birth
Citizenship laws can be very confusing because different laws apply to different people depending on which year a person was born.
For purposes of this page, we will focus on people who were born February 28, 1983 or later. Many of the same requirements will apply to people who were born earlier, with a few nuances.
- You have at least one U.S. Citizen Parent
- You are a Lawful Permanent Resident
- You reside in the United States in the legal and physical custody of the U.S. Citizen parent
Below are some examples of how you can show that you meet each requirement. Each case will be different, and the list is not exhaustive, but can help get you started.
- You have at least one US Citizen Parent
Your parent must have naturalized before you turned 18 years old. To show this, you will need to submit a birth certificate and your U.S. Citizen’s parent’s birth certificate. United States and Citizenship and Information Services (USCIS) also requests to see all marital documents (marriage and divorce certificates) for your US Citizen parent. Finally, you will need to submit your U.S. Citizen parent’s naturalization certificate. Other documents may be necessary depending on your case.
- You were a Lawful Permanent Resident before you turned 18 years old
You should submit a copy of your green card.
- You reside in the U.S. in the legal and physical custody of your U.S. Citizen Parent
Common types of evidence include school or employment records to show your physical presence in the United States. If your parents divorced after you were born, you will need to submit a copy of the divorce decree showing that your U.S. Citizen parent had custody.
The following video also covers these two topics above:
Where Can I Get More Information?
Citizenship laws can be complicated because different laws apply to different years. There is not a one-size fits all option. This page gives you a brief overview on obtaining your Certificate of Citizenship but is necessarily incomplete. With experienced staff and lawyers, SHAFTEL LAW stands at the ready to help with your citizenship needs.