Citizenship for Grandchildren of US Citizens

[Seth Meyers 0]

1. My wife and I are US citizens living in South Africa. 

2. As missionaries, we return to the US for a few months every few years. 

3. All our children were born abroad and have lived there with only brief visits to the US.

 

Question: Is there a residency requirement for children of Citizens born abroad? In other words, must our children reside in the US for a certain number of years before 21 in order for their children to have US citizenship? 

 

We had heard there was a 5 year minimum residence requirement for children who had been born abroad and who had obtained US citizenship to parents who were US citizens. Is this true? 

 

Thanks very much for any help with this. 

 

[Boiler 45,717]

Presumably you filed CRBA for your children so they could get their US passports. And would have showed that you qualified.

 

It would be the same procedure for your children to file for their children if they qualify, sounds like they do not.

[Verrou 1,962]

they are US citizen.  have u done CRBA for them?

Edited August 4, 2022 by Misscloud

[Seth Meyers 0]

You are fast on the draw! Thanks. 

Yes, my wife and I (US Citizens) received their birth certificates through CRBA. 

If my children married US citizens as well, could they do the same for their children--simply file a CRBA? 

Or, is there a residence requirement (such as 5 years before 21) for the children of my wife and I since they were born abroad? 

[Chancy 6,242]

.

Edited August 5, 2022 by Chancy
self-delete wrong criteria for married parents both USC

[arken 4,197]

56 minutes ago, Seth Meyers said:

If my children married US citizens as well, could they do the same for their children--simply file a CRBA?

If they give birth to a child after marrying another USC, the child will be a USC and CRBA can be applied for if any one of the parents had previously resided at any time in the US before the child's birth. Residency or physical presence for given number of years isn't required. 

Edited August 4, 2022 by arken

[Chancy 6,242]

15 hours ago, arken said:

If they give birth to a child after marrying another USC, the child will be a USC and CRBA can be applied for if any one of the parents had previously resided at any time in the US before the child's birth. Residency or physical presence for given number of years isn't required. 

 

Thanks for pointing out the case with married parents who are both USCs.  While there is no requirement for minimum number of years of US physical presence, don't they still have to provide evidence of US residency at some point in their lives prior to the child's birth?  OP's children would not qualify if they never lived in the US, but if their USC spouse has proof of current or previous US residence, the spouse might qualify.

 

[arken 4,197]

18 minutes ago, Chancy said:

 

Thanks for pointing out the case with married parents who are both USCs.  While there is no requirement for minimum number of years of US physical presence, don't they still have to provide evidence of US residency at some point in their lives prior to the child's birth?  OP's children would not qualify if they never lived in the US, but if their USC spouse has proof of current or previous US residence, the spouse might qualify.

 

Yes one of the USC parents needs to provide some sort of evidence to prove the residency in the US at any point prior to the child's birth. Could be bank statement or lease or school records or anything. If they have never resided in the US at all, not qualified to transmit citizenship.

[Seth Meyers 0]

I appreciate all your insights. 

 

1st generation: My wife and I have lived many years in the US. 

2nd generation: My children have only lived for a few months at a time in the US (total about 2-3 years). 

3rd generation: My children are considering doing college online while continuing to reside with us. Then get married to US citizens and maintain residency overseas. It is this third generation for whom I am seeking to know. 

 

At the consulate, they sometimes required my wife and I (1st generation) to prove our US residency up to five years. If that is a requirement of our children, then we would have to send them back to the US for college. Then the residency requirements would be reached. 

[Family 4,047]

Some resources : 

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

[Chancy 6,242]

3 minutes ago, Seth Meyers said:

At the consulate, they sometimes required my wife and I (1st generation) to prove our US residency up to five years. If that is a requirement of our children, then we would have to send them back to the US for college. Then the residency requirements would be reached. 

 

If it is important for you and your children that your grandchildren be US citizens from birth, then sending your children to live in the US for some time sounds like the most sure-fire approach.

 

But if you all are fine with your grandchildren acquiring US citizenship through other means, then there is no need for your children to live away from you.  Your grandchildren may become US citizens through INA 322 (via the N-600K process) or INA 320 (via the I-130/IR2 process).  The N-600K has requirements for all 3 generations, but it seems you meet your part of it already (5 years of US physical presence for grandparent).

 

[Seth Meyers 0]

If one parent has full residency requirements (i.e. he lived for 20 years in the US), and the other has only partial residency requirements (i.e. she has only 3 years total US residency), yet both are US citizens, can their children receive the CRBA on behalf of the one parent who has met the 5 year residency requirements?  

[arken 4,197]

4 minutes ago, Seth Meyers said:

If one parent has full residency requirements (i.e. he lived for 20 years in the US), and the other has only partial residency requirements (i.e. she has only 3 years total US residency), yet both are US citizens, can their children receive the CRBA on behalf of the one parent who has met the 5 year residency requirements?  

Yes. In fact if both parents were married and were USCs before the birth of the child, the child can get CRBA even if only one parent had resided in the US for let's say 1 year (a random number) and another hadn't resided in the US at all)

[Seth Meyers 0]

Greatly appreciate the comments and links from everyone. 

[TBoneTX 45,571]

Three noncontributory posts have been removed.  Stick to the OP's question.