As a parent, we always want the best for our children. Sometimes, it means we need to move to a better country, get a better career, and get our beloved sons and daughters better education. For some people, the United States has become their first choice to provide a brighter future for their children. But if you’re planning to immigrate with kids, there are certain laws in the US that you need to be aware of and understand clearly before making a move. Child immigration laws in the United States can be quite complex and hard to navigate, but they don’t have to be. Here are a few key facts every parent needs to know regarding child immigration in the United States.
When a child is born in a foreign country, and one or both parents are US citizens, the child automatically gets US citizenship. This means they can enter the United States as soon as possible, with no need for special permission or wait time. This law is based on the fact that US citizen is entitled to transmit their citizenship to their foreign-born children. Not only will the child get US citizenship, but they will also be able to transmit it to their children.
Children of immigrants can also apply for derivative citizenship through the parents’ applications. This means that when the parent obtains US residency or citizenship, children can get it, too, without having to go through additional paperwork and procedures. Moreover, they can apply for permanent residency in the United States if their parents have a valid green card or immigrant visa. But it can be a whole different story if US citizens adopt the child. If that’s the case, the child must fulfill certain conditions to obtain US citizenship.
The Child Status Protection Act (CSPA) ensures that children don’t lose the benefit of their parent’s immigration petition when they turn 21 years old. This prevents them from being aged out and not getting the chance to immigrate with their parents. In fact, this law guarantees that the child’s age will be frozen at the time of filing for immigration. So, if a parent files when their kid is 18 and the process takes more than three years, then the child can still get US residency up to 21.
The Child Citizenship Act of 2000 allows children of US citizen parents to gain citizenship without having to go through the naturalization process, as long as they’re under 18 and a lawful permanent resident at the time of application for naturalization and have lived in the United States for at least five years before applying. This means that the child will become a US citizen once their application is approved and they take the Oath of Allegiance.
In short, child immigration laws in the United States can be pretty complex, and it’s important to understand them properly if you plan on immigrating with kids. Knowing these facts will help parents gain a better understanding of the process and navigate through it more easily. Arming up with the correct information and facts, parents can ensure that their children get the best start in life they deserve.