Do Your Children Become Citizens When You Naturalize? The Child Citizenship Act and Form N-600
If you’re a parent applying for citizenship, your oath ceremony can make your children citizens too, with no separate test and no oath for them. It happens automatically when certain conditions are met. Congress set this up in the Child Citizenship Act of 2000, now section 320 of the Immigration and Nationality Act (INA).
This is the “derive citizenship” answer to Q68 on the civics test: How can people become United States citizens?
The four conditions
According to the USCIS Policy Manual, a child born outside the United States automatically becomes a U.S. citizen when all of these are true at the same time, on or after February 27, 2001:
- At least one parent is a U.S. citizen, by birth or by naturalization (adoptive parents can count too).
- The child is under 18.
- The child is a lawful permanent resident (has a green card).
- The child lives in the United States in the legal and physical custody of the U.S. citizen parent.
The order doesn’t matter. USCIS says the conditions just have to be met together at one point before the child’s 18th birthday. So if you naturalize first and your child gets a green card later, the child becomes a citizen on the day the last condition is met, as long as they’re still under 18.
Common situations
| Situation | Does the child become a citizen automatically? |
|---|---|
| Child has a green card, lives with you, is 12 when you take the oath | Yes, on your oath day |
| Child is 17 with a green card and lives with you when you naturalize | Yes, if all four conditions are met before the 18th birthday |
| Child is already 18 or older when you naturalize | No. They apply for naturalization themselves (Form N-400) |
| Child is in the U.S. on a visa or has a pending green card case, no green card yet | Not yet. It can happen later if the green card comes before age 18 |
| Child has a green card but lives abroad with the other parent | No under INA 320, which requires living in the U.S. with the citizen parent (special rules exist for some military and U.S. government families) |
What “legal and physical custody” means
Physical custody means the child actually lives with the U.S. citizen parent. Legal custody means that parent has legal authority over the child. The Policy Manual explains how USCIS usually sees it:
- Married parents living together: USCIS presumes the citizen parent has legal custody.
- Divorced or separated parents: USCIS looks at the court’s custody order. Joint custody counts, and sole custody is not required. A private agreement between parents generally doesn’t override a court order.
- Parents never married: the parent the child lives with generally has legal custody. If the citizen parent is the father, he must also have legitimated the child (for example, by marrying the mother later, or by a court order).
- Surviving parent: if the other parent has died, the citizen parent the child lives with is presumed to have legal custody.
Divorce and custody cases can get complicated. If yours is one of them, a qualified immigration attorney or accredited representative can review it.
You don’t have to apply, but you’ll want proof
Citizenship under INA 320 is automatic, so there’s no application to become a citizen. Your child will still need a document to prove it, for a job, college aid, travel, or voting at 18. There are two main ways:
1. A U.S. passport (usually the faster, cheaper route). A valid passport is proof of citizenship. For a child under 16, you apply in person with Form DS-11. The State Department fees are $100 + $35 for a passport book. The State Department’s evidence list for children who became citizens through a parent’s naturalization includes:
- The child’s foreign birth certificate listing the parent(s)
- Your proof of citizenship, such as your Certificate of Naturalization
- The child’s green card (or I-551 stamp)
- Your marriage certificate, or custody documents if you weren’t married
- At least two documents showing the child lives with you in the U.S., like school records, medical records, or a lease. The State Department notes that a green card alone doesn’t prove where the child lives.
2. A Certificate of Citizenship (Form N-600). File Form N-600 with USCIS. The certificate never expires, unlike a passport. The USCIS fee schedule lists:
| Form N-600 | Fee |
|---|---|
| Filed online | $1,335 |
| Filed on paper | $1,385 |
| Certain adopted children (INA 101(b)(1)(E), (F), or (G)) | $0 |
| Current or former U.S. armed forces member filing for themselves | $0 |
Fee waivers (Form I-912) are available for some applicants. If you request one, you have to file on paper.
What happens after you file Form N-600
From the Policy Manual chapter linked above:
- Photos: applicants in the U.S. don’t mail photos. USCIS schedules a photo appointment at a local Application Support Center. Missing it can lead to the case being treated as abandoned.
- Interview: usually the child and the U.S. citizen parent appear. USCIS may waive the interview if the file already proves everything.
- Oath: children under 14 don’t take the oath. Older applicants take it before the certificate is issued.
- Denial: you can appeal within 30 days, or 33 days if the decision was mailed.
A parent or legal guardian files for a child under 18. Once the child is 18 or older, they can file for themselves.
Special cases
- Adopted children who enter on an IR-3 or IH-3 visa (adoption finalized abroad) and meet the INA 320 conditions get a Certificate of Citizenship automatically, without filing N-600 (USCIS adoption guidance).
- Children living outside the U.S. may qualify through a different process, Form N-600K (INA 322).
- People who were already 18 on February 27, 2001 fall under older laws (former INA 321). USCIS covers these in Policy Manual Part H, Chapter 7.
Tip for your own N-400 interview
Form N-400 asks about your children, and the officer may go over that part with you. Have each child’s details ready, and bring the documents your notice asks for (what to bring). After your oath, keep your Certificate of Naturalization safe. It’s key evidence for your child’s passport or N-600 (how to replace a lost one).
Still studying?
You still have to pass the civics and English tests yourself. Practice Q68 and the rest of the 128 questions with a free practice test or hands-free Listen mode.
Read next
- Your First U.S. Passport After the Oath Ceremony
- Lost or Wrong Certificate of Naturalization? How Form N-565 Works
- After the Civics Test: Approved, Continued or Denied?
Sources: USCIS, Policy Manual Vol. 12, Part H, Ch. 4: Automatic Acquisition of Citizenship after Birth (INA 320), Form N-600 page (last updated June 1, 2026), and G-1055 Fee Schedule (edition 10/16/26). U.S. Department of State, Citizenship Evidence and Passport Fees. Image: Bain News Service, Library of Congress (no known restrictions on publication).
This post summarizes public government information for general education. Custody and older-law cases can be complex, so confirm on uscis.gov or with a qualified immigration attorney or accredited representative. It is not legal advice.