Common Questions About Naturalization of a Minor Child in the United States

The process of naturalization permits someone who is a permanent resident of the United States (meaning they have a green card) to become a U.S. citizen. However, when the permanent resident is under 18 years old, some unique rules apply when considering naturalization. Below, we take a look at a few of the common questions that arise in this context.

For the purposes of this blog post, we will take a look at a hypothetical family consisting of two parents and their child. The child is 16 years old. All three members of the family are permanent residents in the United States. The parents are eligible to become U.S. citizens through the process of naturalization. For an overview of the general rules and eligibility to naturalize, see here.

If the minor child’s parents naturalize, the child will automatically become a U.S. citizen if certain requirements are satisfied.

Specifically, under Section 320 of the Immigration and Nationality Act, a child under 18 who was born outside the United States and whose parents naturalize will automatically become a U.S. citizen if 1) the child was admitted into the U.S. for permanent residence and 2) they are residing in the U.S. in the custody of the U.S. citizen parent.

A child who meets these requirements would automatically acquire U.S. citizenship and would therefore not need to apply for it. The child, therefore, would not need to file a Form N-400 Application for Naturalization.

For the child to automatically acquire U.S. citizenship, only one of the child’s parents needs to become a U.S. citizen. As described before, the child would need to be residing in the U.S. in the custody of the U.S. citizen parent, and the child must have been admitted into the U.S. for permanent residence.

Section 334(b) of the Immigration and Nationality Act specifically states that someone must be at least 18 years old in order to apply for naturalization in the United States. Therefore, a minor child cannot apply for citizenship on their own.

Once they turn 18, they would be eligible to apply for U.S. citizenship, assuming they satisfy the requirements for naturalization (described here).

If a child can automatically acquire U.S. citizenship through the naturalization of their parent and does not need to submit a Form N-400 Application for Naturalization on their own, one question that frequently follows is: how can the child prove that they are a U.S. citizen?

Generally, the child has two options to prove their U.S. citizenship: they can apply for a U.S. passport or apply for a certificate of citizenship. For proof of citizenship, it is generally recommended that the child acquire a certificate of citizenship. While a U.S. passport is sometimes accepted as proof of citizenship, it can sometimes be challenged.

To apply for a certificate of citizenship, the child (or their parent) would file the Form N-600 (found here).