Obtaining U.S. Citizenship through a Grandparent

The Immigration and Naturalization Act provides that children born outside the U.S. are automatically U.S. Citizens if one of their parents is a U.S. citizen. There are, however, a number of exceptions.

If a child is not eligible because a U.S. citizen parent failed to meet the requirements needed to transmit citizenship, the child can still receive citizenship through a U.S. citizen grandparent, if they meet the specific criteria needed for this exception. There are three basic requirements:

1. The child is the offspring of parent who is a U.S. citizen, whether by naturalization or birth.

2. The child is under the age of 18 and in the custody of the U.S. citizen parent.

3. The child's U.S. citizen grandparent was physically present in the U.S. or its possessions for at least five years, for two of which the grandparent was at least 14 years old.

If the grandparent is dead, the provision is still available. All that is required is that the grandparent was a U.S. citizen and met the physical presence requirements at the time of his or her death.

Parents seeking to use the grandparent provision for a child must make an application with the United States Citizenship and Immigration Services prior to the child's eighteenth birthday and attend an appointment in person with the child. If the parent has died, the child's grandparent or legal guardian can apply within five years of the parent's death.

If you or your loved one is trying to obtain U.S. citizenship through a grandparent, get in touch with us to achieve the best possible result.