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US Citizenship for Child Born Overseas

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  • 03-02-2009, 06:19 PM
    marqcogan
    US Citizenship for Child Born Overseas
    I'm a US citizen, currently living in the US. I grew up in Australia, having moved there first when I was five years old. I was married to an Australian woman and we had a daughter in Australia. At the time my daughter was born, I had only spent a few months in the US since moving to Australia, so my daughter wasn't automatically a US citizen. I have since separated from her mother and moved back to the US, and have been here for over ten years.

    What are my daughter's options for obtaining US citizenship and/or passport? Is it just a matter of her and I filling out some forms? Does she need to physically move to the US? If so, for how long? Do her options change when she turns eighteen?

    Thanks!
  • 03-03-2009, 05:02 AM
    LawResearcherMissy
    Re: US Citizenship for Child Born Overseas
    If she moves to the US while still a minor, she will automatically acquire citizenship. If she remains in Oz, there are a pile of forms to fill out and some fees to pay.

    You can read more about that here.

    If she waits until after she is 18, she will need to go through the green card and naturalization process like everyone else. It's really in her best interests to acquire her citizenship now, while still a minor. (Less expensive and faster that way.)
  • 03-03-2009, 10:29 AM
    marqcogan
    Re: US Citizenship for Child Born Overseas
    Thanks for the quick reply.

    It looks like the Child Citizenship Act overview you linked to (dated 2001) is out of date in a couple of respects. First, the fees are now higher -- $460 instead of $160. Second, for the case of a child living overseas, there's a different form (N-600K) that's used.

    But looking over those documents raises another question. They indicate that the child (or me, on her behalf) can apply for citizenship if I have legal and physical custody of her. I don't; her mother and I are separated and we live on different sides of the planet. I have contact with her but no legal custody rights at the moment (and that doesn't seem likely to change any time soon). Can my daughter still apply for citizenship?
  • 03-03-2009, 10:50 AM
    LawResearcherMissy
    Re: US Citizenship for Child Born Overseas
    Quote:

    Can my daughter still apply for citizenship?
    Possibly, but you'll require the help of an attorney.
  • 03-03-2009, 02:40 PM
    aaron
    Re: US Citizenship for Child Born Overseas
    Here's a "quick and dirty" guide from the State Department.
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