Do you have parents who are U.S. citizens or permanent residents, and you're over the age of 21? If so, you may be eligible for citizenship through your parents. This article will provide you with detailed information about the process and the requirements you need to meet.
U.S. immigration law allows children born to U.S. citizen parents to become U.S. citizens automatically at birth, regardless of where they are born. However, if you were born outside the United States to parents who are permanent residents, you will need to apply for citizenship after you turn 21.
Before we dive into the specifics of the application process, let's take a closer look at the eligibility criteria you must meet to qualify for citizenship through parents after 21.
citizenship through parents after 21
To be eligible, you must meet specific requirements. Here are 8 important points to remember:
- Be 21 years or older
- Have a U.S. citizen parent
- Be a permanent resident
- Have resided in the U.S. for 5 years
- Be physically present in the U.S. for 30 months
- Be able to read, write, and speak English
- Have good moral character
- Pass the civics and history test
By meeting these requirements, you can apply for citizenship through your parents after reaching the age of 21.
Be 21 years or older
One of the fundamental requirements for obtaining citizenship through parents after 21 is reaching the age of 21. This age requirement is strictly enforced by U.S. immigration authorities.
- Be 21 on the date of filing:
When you submit your application for citizenship, you must be at least 21 years old on the date of filing. This means that you must have reached your 21st birthday or turned 21 on or before the day you file your application.
- No exceptions for minors:
There are no exceptions to this age requirement. Even if you are a minor and have U.S. citizen parents, you cannot apply for citizenship until you turn 21.
- Emancipation does not matter:
Emancipation, which is a legal process that allows minors to become legally independent, does not affect the age requirement for citizenship. Even if you are emancipated, you must still be 21 years old to apply for citizenship.
- Residency and physical presence requirements:
While you must be 21 years old to apply, the residency and physical presence requirements for citizenship start accruing from the age of 14. This means that you must have been a permanent resident for at least 5 years and physically present in the U.S. for at least 30 months, with continuous residency and physical presence since the age of 14.
Fulfilling the age requirement is crucial because it demonstrates that you have reached the legal age of adulthood and are capable of assuming the rights and responsibilities of U.S. citizenship.
Have a U.S. citizen parent
A fundamental requirement for obtaining citizenship through parents after 21 is having at least one parent who is a U.S. citizen. This means that your parent must have been born in the United States, acquired citizenship through naturalization, or derived citizenship through a U.S. citizen parent.
There are two main scenarios where you can apply for citizenship through a U.S. citizen parent after the age of 21:
- Parents were U.S. citizens at the time of your birth:
If both of your parents were U.S. citizens at the time of your birth, you are considered a "child of a U.S. citizen" and are eligible to apply for citizenship after turning 21, even if you were born outside the United States. - Parents naturalized before your 18th birthday:
If at least one of your parents naturalized as a U.S. citizen before you turned 18 years old, you may be eligible for citizenship through them. In this case, you must have been residing in the United States in lawful permanent resident status at the time of your parent's naturalization.
It's important to note that if your U.S. citizen parent(s) lost their citizenship before you turned 18, you may not be eligible for citizenship through them. Additionally, if you were adopted by U.S. citizens after the age of 16, you are not eligible for citizenship through adoptive parents.
To prove that you have a U.S. citizen parent, you will need to submit evidence such as your parents' birth certificates, naturalization certificates, or your adoption decree (if applicable).
Having a U.S. citizen parent is a crucial requirement because it establishes your connection to the United States and demonstrates your eligibility for citizenship.
Be a permanent resident
To be eligible for citizenship through parents after 21, you must have permanent resident status in the United States. This means that you have been granted a "green card," which is an official document that allows you to live and work permanently in the U.S.
- Obtain a green card:
If you do not already have a green card, you will need to apply for one through the U.S. Citizenship and Immigration Services (USCIS). There are several ways to obtain a green card, including through family sponsorship, employment, or other categories.
- Maintain permanent resident status:
Once you have obtained a green card, you must maintain your permanent resident status by following all the requirements, such as paying taxes, filing annual green card renewal applications, and avoiding any activities that may jeopardize your status.
- Reside in the U.S. for 5 years:
To be eligible for citizenship, you must have resided in the United States as a permanent resident for at least 5 years. This 5-year period is calculated from the date you were granted permanent resident status.
- Continuous residency:
The 5-year residency requirement must be continuous, meaning that you cannot leave the United States for extended periods. Absences from the U.S. for more than 6 months at a time may interrupt your continuous residency and affect your eligibility for citizenship.
Being a permanent resident demonstrates your commitment to the United States and your intention to make it your permanent home, which is a key requirement for becoming a U.S. citizen.
Have resided in the U.S. for 5 years
One of the essential requirements for citizenship through parents after 21 is residing in the United States as a permanent resident for a continuous period of at least 5 years. This 5-year residency requirement is strictly enforced by U.S. immigration authorities and is calculated from the date you were granted permanent resident status.
To fulfill the 5-year residency requirement, you must:
- Maintain a physical presence in the U.S.:
You must be physically present in the United States for at least half of the 5-year period. This means that you cannot be absent from the U.S. for more than 6 months at a time or a total of more than 180 days during the 5-year period. - Maintain continuous residency:
Your residency must be continuous, meaning that you cannot interrupt your permanent resident status by leaving the U.S. for an extended period. If you leave the U.S. for more than 6 months at a time, your continuous residency will be broken, and you may need to start the 5-year residency period again. - Exceptions to the 5-year residency requirement:
There are a few exceptions to the 5-year residency requirement. For example, if you are married to a U.S. citizen, you may be eligible to apply for citizenship after only 3 years of permanent residency. Additionally, if you served in the U.S. military, you may be eligible for naturalization after only 1 year of permanent residency.
Fulfilling the 5-year residency requirement demonstrates your commitment to the United States and your intention to make it your permanent home. It also ensures that you have had sufficient time to learn about American history, government, and values.
By meeting the 5-year residency requirement, you take a significant step towards becoming a U.S. citizen and enjoying the full rights and privileges that come with citizenship.
Be physically present in the U.S. for 30 months
In addition to the 5-year residency requirement, you must also be physically present in the United States for at least 30 months out of the 5-year period. This means that you must be physically residing in the U.S. for a total of 2.5 years during the 5-year residency period.
- Calculate physical presence:
To calculate your physical presence, you need to count the days you were physically present in the United States during the 5-year residency period. You can use a calendar or a physical presence calculator to help you keep track of the days.
- Short absences allowed:
You are allowed to have short absences from the United States during the 5-year period. However, each absence cannot exceed 6 months, and the total of all absences cannot exceed 180 days.
- Exceptions to the physical presence requirement:
There are a few exceptions to the physical presence requirement. For example, if you are married to a U.S. citizen or serving in the U.S. military, you may be eligible for a waiver of the physical presence requirement.
- Document your physical presence:
It is important to keep records of your physical presence in the United States. This can include things like pay stubs, bank statements, utility bills, and travel documents.
Fulfilling the physical presence requirement demonstrates your commitment to living in the United States and your intention to make it your permanent home.
Be able to read, write, and speak English
To become a U.S. citizen through parents after 21, you must be able to read, write, and speak English. This requirement demonstrates your ability to communicate effectively in the English language and your understanding of American history, government, and values.
- English proficiency test:
You will need to pass an English proficiency test to demonstrate your ability to read, write, and speak English. The test is administered by the U.S. Citizenship and Immigration Services (USCIS) and consists of two parts: a reading and writing test and a speaking and listening test.
- Exemptions from the English proficiency requirement:
There are a few exemptions to the English proficiency requirement. For example, if you are over 50 years old and have been a lawful permanent resident for at least 20 years, you may be exempt from the English test.
- Prepare for the English proficiency test:
There are many resources available to help you prepare for the English proficiency test. You can take English classes, use online learning tools, or study with a tutor.
- Practice speaking and listening:
To improve your speaking and listening skills, try to practice speaking English with native speakers or watching English-language movies and TV shows.
Fulfilling the English proficiency requirement shows that you have the language skills necessary to participate fully in American society and to exercise your rights and responsibilities as a U.S. citizen.
Have good moral character
One of the essential requirements for citizenship through parents after 21 is demonstrating good moral character. This means that you must have a good reputation and have not engaged in any activities that would reflect poorly on your character or make you a threat to the United States.
To assess your moral character, the U.S. Citizenship and Immigration Services (USCIS) will consider a variety of factors, including:
- Criminal history:
Any criminal convictions, arrests, or pending criminal charges may negatively impact your moral character assessment. Even if you were not convicted of a crime, an arrest or charge can raise concerns about your character.
- Immigration violations:
Violating U.S. immigration laws, such as overstaying a visa or working without authorization, can also affect your moral character assessment.
- Financial responsibility:
USCIS will consider your financial history, including any bankruptcies, debts, or tax liens. A history of financial irresponsibility may raise concerns about your ability to support yourself and your family as a U.S. citizen.
- Employment history:
USCIS will look at your employment history to assess your work ethic and stability. Frequent job changes or a history of unemployment may raise concerns about your reliability.
- Military service:
A history of honorable military service in the U.S. armed forces is considered a positive factor in assessing moral character.
It is important to note that a single incident or event will not necessarily disqualify you from demonstrating good moral character. USCIS will consider the totality of your circumstances and make a decision based on all the available evidence.
Demonstrating good moral character is crucial because it shows that you are a law-abiding, responsible, and trustworthy individual who will uphold the values and principles of the United States as a citizen.
Pass the civics and history test
To become a U.S. citizen through parents after 21, you must pass a civics and history test. This test is designed to assess your knowledge of U.S. history, government, and values. Passing the test demonstrates that you have a basic understanding of the rights and responsibilities of U.S. citizenship.
- Test format:
The civics and history test consists of 100 questions. You must correctly answer at least 60 of these questions to pass the test. The questions cover a wide range of topics, including American history, government, and civics.
- Study materials:
USCIS provides a list of study materials that you can use to prepare for the test. These materials are available online and at local public libraries.
- Practice tests:
There are many practice tests available online and in books that can help you prepare for the civics and history test.
- Test administration:
The civics and history test is administered by USCIS officers at naturalization ceremonies. You will be given a written test, and you will need to answer the questions orally in front of a USCIS officer.
Passing the civics and history test is a significant step towards becoming a U.S. citizen. It demonstrates your knowledge of American history, government, and values, and it shows that you are committed to becoming a responsible and informed citizen.
FAQ
If you're a parent with a child over the age of 21 who was born outside the United States to a U.S. citizen parent, you may have questions about their eligibility for citizenship. Here are some frequently asked questions and answers to help you understand the process:
Question 1: Is my child eligible for citizenship through me?
Answer 1: Yes, if you are a U.S. citizen parent and your child was born outside the United States, your child is eligible to apply for citizenship after turning 21 years old. However, there are certain requirements that your child must meet, such as residing in the U.S. as a permanent resident for at least 5 years and being physically present in the U.S. for at least 30 months during that time.
Question 2: What documents do my child need to apply for citizenship?
Answer 2: Your child will need to submit various documents to apply for citizenship, including their birth certificate, proof of U.S. citizenship for the parent (such as a U.S. passport or birth certificate), proof of permanent resident status (such as a green card), and evidence of residency and physical presence in the United States.
Question 3: How long does the citizenship process take?
Answer 3: The citizenship process can take several months or even years, depending on the workload of the USCIS office handling the application. Once your child submits their application, they will receive a receipt notice with a case number. They can use this case number to track the status of their application online.
Question 4: Can my child apply for citizenship while living outside the United States?
Answer 4: No, your child must be residing in the United States as a permanent resident to apply for citizenship. They cannot apply for citizenship while living abroad.
Question 5: What happens after my child applies for citizenship?
Answer 5: After your child submits their citizenship application, they will be scheduled for a biometrics appointment, where they will have their fingerprints and photograph taken. They will also be scheduled for a citizenship interview, where they will be asked questions about their application and their understanding of U.S. history and government.
Question 6: What if my child's citizenship application is denied?
Answer 6: If your child's citizenship application is denied, they will receive a written explanation from USCIS stating the reasons for the denial. They may be able to appeal the decision or reapply for citizenship after addressing the issues that led to the denial.
If you have additional questions about citizenship through parents after 21, you can consult an immigration attorney or visit the USCIS website for more information.
In addition to understanding the eligibility requirements and application process, here are some tips to help your child successfully apply for citizenship through you:
Tips
Here are some practical tips to help your child successfully apply for citizenship through you:
Tip 1: Start the process early.
The citizenship process can take several months or even years, so it's important to start the process as early as possible. This will give your child plenty of time to gather the necessary documents, study for the civics and history test, and prepare for the citizenship interview.
Tip 2: Help your child gather the necessary documents.
Your child will need to submit various documents to apply for citizenship, including their birth certificate, proof of U.S. citizenship for the parent (such as a U.S. passport or birth certificate), proof of permanent resident status (such as a green card), and evidence of residency and physical presence in the United States. Help your child gather these documents well in advance to avoid any delays in the application process.
Tip 3: Encourage your child to study for the civics and history test.
Your child will need to pass a civics and history test as part of the citizenship application process. The test covers a wide range of topics, including American history, government, and civics. Encourage your child to start studying for the test early and to use the study materials provided by USCIS.
Tip 4: Accompany your child to the citizenship interview.
Your child will be required to attend a citizenship interview as part of the application process. You can accompany your child to the interview to provide moral support and answer any questions that the USCIS officer may have about your child's family background or residency history.
By following these tips, you can help your child increase their chances of successfully applying for citizenship through you.
Remember, obtaining citizenship is a significant milestone in your child's life, and your support and guidance can make a big difference in helping them achieve this goal.
Conclusion
As a parent, you play a crucial role in helping your child obtain citizenship through you after they turn 21. By understanding the eligibility requirements, gathering the necessary documents, and providing support and guidance throughout the process, you can help your child successfully navigate the path to U.S. citizenship.
Remember, citizenship is a precious gift that opens up a world of opportunities for your child. It allows them to fully participate in American society, pursue their dreams, and contribute to the nation's progress. As you embark on this journey together, celebrate the unique bond you share and the shared future that awaits you as a U.S. citizen family.