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ALAN M. PAMPANIN
   
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Citizenship of Children of Naturalized Parents
Naturalization Memorandum

In most cases children of parents, or a parent, who naturalize automatically becomes a citizen of the United States. INA, Section 320. The conditions for automatic acquisition are:

At least one parent is a USC.

Child is under 18 years of age.

Child is residing in the U.S. in legal and physical custody of US parent pursuant to lawful admission into the US as a permanent resident.

Naturalization must take place while child is under 18 and residing in the US as a permanent resident.

Children not subject to Section 320 may acquire citizenship upon application of the parent under Section 322 of the INA. The requirements are:

Child must have been lawfully admitted to the US. Lawful admission as a non-immigrant is sufficient. Not required to be a lawful permanent resident.

Must be under 18 at time of naturalization and in custody of citizen parent(s).

Only one parent required to be USC.

Parent and child must be present within state or district of the INS in the US. Citizen parent must have been physically present in US for five years, at least two of which after the age of 14.

Note: If citizen parent cannot meet the physical presence requirement, the physical presence of a citizen grandparent may be used to satisfy requirement.

Good moral character presumed if child under 14 years of age.

No literacy, education requirements.

Adopted children eligible if adopted under the age of 16 and meet definition of child at Section 101(b)(1)(E) or (F).

Procedures under both Section 320 and 322 cases:

File Form N-600 with photos and fingerprints (if child is over age of 14) and proof satisfying the necessary elements, i.e. citizenship of parents, birth to parents, etc.

Adopted children: use Form N-643.

File at INS office having jurisdiction over place of residence of child.

INS will issue Certificate of Citizenship.

Applying for US Passport:

Do not have to wait for Certificate of Citizenship to be issued (INS Boston takes years to issue).

Passport office will normally issue a US passport if present evidence of parents citizenship and evidence that N-600 has been filed (receipt and copy of application.

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