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American Citizenship by Birth

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American citizenship by birth, or known as jus soil, is one of the most common ways to obtain American citizenship. The only essential requirement is to have been born within the 50 American states or within the territories and nations that belong to the jurisdiction of the United States, such as:

  • Puerto Rico.
  • American Virgin Islands.
  • Guam
  • Northern Mariana Islands.

Only the children of diplomats are exempt because the workers of the Consulates They are not subject to the jurisdiction of the United States.

Can I obtain American Citizenship if my parents are not American?

The answer to this question is yes, because there is an amendment in the constitution that states that any baby born within the United States will obtain citizenship, regardless of whether its parents are legal citizens within the United States or not. These cases usually happen with families who temporarily reside in the United States for work and have children within the nation.

It is extremely important that the child receives the birth certificate, the social security number and after one year it is necessary to obtain the American passport, since if he leaves the country and later wants to re-enter without these documents he may have legal problems.

Can I obtain American Citizenship if I am the child of Americans?

You don't always get the American citizenship having one parent or both naturalized in the United States. There are 2 cases by which children could obtain citizenship:

  • If one of the parents has naturalized in the United States, the minor children become American citizens. If the children are over 18 years of age, they must apply for citizenship like other immigrants.
  • In the event that one of the parents is an American citizen, the children born in other nations become American citizens instantly as long as they meet certain requirements:
    • If one of the parents, whether hereditary or adoptive, must be a citizen of the United States, either by birth or by naturalization.
    • The child must be under 18 years of age.
    • The son is a legal resident within the United States.
    • The child must then reside in the United States under the legal and physical custody of one parent.

Cases for which they cannot obtain American citizenship

Only in cases where foreigners arrive in the country to have their children will they go through an immigration evaluation where it will be verified whether the person coming from abroad has sufficient income to pay for the birth of the child, and it will also be assessed if they only come to have Your child in the United States and does not seek to live in the country may be denied access to the country.

What does the American Constitution mean by Son?

It is necessary to clarify what is meant by the definition of "child" so as not to have problems when acquiring American citizenship.

In general terms, the US amendment understands that a “child” for citizenship and naturalization purposes is an unmarried person who may have these characteristics:

  • hereditary, legitimized or adopted child of a US citizen.
  • Child of a gestational mother (surrogacy) who has American nationality and is recognized by the nation as the legal mother of the child.

Children of Americans living abroad

If your child resides in a country outside the United States, they can access naturalization of citizenship by meeting the following conditions:

  • Must have parents with American nationality.
  • The U.S. citizen parent of the child or grandparent meets certain physical presence requirements in the United States or its territories.
  • The child must be under 18.
  • The son lives abroad but is in the legal custody of his U.S. citizen parents.
  • When you become a citizen, you must physically appear in the United States and approve the application and form. Only children of US military personnel will be able to do so remotely.

Steps and requirements to obtain American citizenship

For children who have to apply to obtain American citizenship, we leave them with these requirements and necessary steps that they must comply with.

  1. Have more than 18 years.
  2. Present yourself physically in the United States.
  3. You will have to live for a few months in the United States.
  4. Fill out form N-600 for your request.
  5. Take two photographs (passport type)
  6. Pay the cost of the form.
  7. Request an Identification Appointment, where the United States Citizenship and Immigration Services will review your data and take your biometrics to verify and validate your identity.
  8. Go to the interview, it has a series of steps to follow:
    • You have to answer personal questions.
    • You will need to take a naturalization exam that is made up of civic and historical questions.
    • Take a language test. This has 3 instances that must be approved: Oral/ written/ reading and writing.
  9. Later you will be asked to take the oath of responsibility with the American nation.
  10. It is necessary to request the management of the citizen's passport.

We suggest you keep in mind that for those people who have non-naturalized children, immigration information or residence data for the children will be requested.

Form N-600

Form N-600 is the form requested to submit to obtain birthright citizenship. You can submit this form if you were born abroad and are declared a US citizen through your parents. You can also submit this form to obtain evidence of citizenship if you became a United States citizen after birth. Please note that parents can submit this form on behalf of their minor child.

Tips for completing Form N-600

You must complete the entire form correctly, since it may be rejected due to mishandling of information. Follow the following steps to fill out the form:

  • Information About Your Eligibility:
    • Check a single box in Part 1.
    • Make your signature as an applicant.
  • If the person completing the form is the father or mother of the minor, they must sign part 8.
  • If the person completing Form N-600 is doing so on behalf of an applicant, they must complete and sign Part 10 (Contact Information, Declaration and Signature of the Person Who Prepared this Form for You).
  • If you wish to submit the form physically, you must notify it and you will receive an email from the USCIS account on how to proceed with the creation of an online account to follow up on your case.
  • Keep in mind that it is essential that you sign the form.

These procedures can help you resolve the American citizenship by birth: