Glendale, AZ asked in Immigration Law for Arizona

Q: Us citizenship for my daughter

I am a US citizen living and working in the states, my daughter was born in the UK and has a british citizenship. The US embassy in the UK denied her application because they believe I did not provide sufficient documentation regarding my 5 years of physical presence in the US.

My daughter came in to the US last month with an esta visa , she is 8 months

Can you please let me know what the procedure is to get her citizenship.

Thank you

Sami

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1 Lawyer Answer

A: The subject of your question comes under derivative citizenship. You may have applied by filing an I-130 petition and you were asked for supporting documents.

The requirements for derivative citizenship are below:

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:

• The child has at least one parent, including an adoptive parent who is a U.S. citizen by birth or through naturalization;

• The child is under 18 years of age;

• The child is a lawful permanent resident (LPR); and

• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

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