I am USA citizen and my child is not. Can she get USA passport?

by Samra
(New York, New York)

Question: I became a U.S. citizen two years ago. My daughter is 14 and holds a permanent resident card. Can I apply for a U.S. passport for her without applying for naturalization?

Answer: Yes, you can. According to the Child Citizenship Act of 2000 a child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

At least one of the child’s parents is a U.S. citizen by birth or naturalization;
The child is under 18 years of age;
The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence. A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

If your daughter has not been issued a Certificate of Citizenship by USCIS, the passport application must include the following proof of acquisition of citizenship under the INA Section 320:

1. Proof of the child's relationship to the U.S. citizen parent. For the biological child of the U.S. citizen this will usually be a certified copy of the foreign birth certificate (and translation if not in English). In circumstances where it is not clear that the birth certificate is adequate proof of a biological relationship between the child and the U.S. citizen parent, other types of evidence, including medical and/or DNA tests, may be requested. For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);
2. Proof that the child is residing or has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) pursuant to a lawful admission for permanent residence. The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or “green” card will establish lawful admission for permanent residence, but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3). Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested;
3. Proof that the child is or was under the age of 18 when all conditions are met.

Go to Apply for Child's Passport for a complete list of requirements.