# Is my foreign-born child a US citizen?

- Link: https://www.lumlawgroup.com/is-my-foreign-born-child-a-us-citizen/
- Published: 2019-08-30T10:10:35-07:00
- Author: Albert J Lum

On August 28th, 2019 the United States Citizenship and Immigration Services (USCIS)
released a new [policy manual update](https://www.uscis.gov/news/fact-sheets/uscis-policy-manual-update)
on derived citizenship for children. Generally, US citizenship can be granted to
children born on US soil or to at least one US citizen parent. However, with the
release of the new rule, The granting of US citizenship to children born under these
circumstances will be further screened.

### What is the biggest change?

The three highlights of this policy update is the clarification between US residence
and presence; to establish the difference between US presence and temporary visits
to the US, and the update how children living abroad with US government or military
are no longer considered as residing in the US.

### How could this affect me?

If you are a US citizen working abroad on US territory, such an embassy, or stationed
abroad for the US government, it means your child does not automatically acquire
US “presence”. US presence is required for establishing residence, a requirement
for US citizenship.

Alternatively, if you are a foreign person who gave birth to a child while on US
soil, your child may be at risk. The [N-600 certificate of US citizenship](https://www.uscis.gov/n-600)
requires sufficient proof of US presence.

### What is considered proof of US presence?

Even US citizens residing abroad must prove they have sufficient US presence in 
order to justify their underaged children deserving of derived US citizenship. This
means if you haven’t returned to the US in a long time, never really lived here 
permanently, or simply treat the US as more of a vacation spot than home, it’s possible
your foreign-born child won’t be granted US citizenship.

This could also apply to foreign-born children of US parents who fail to obtain 
a copy of a [Consular Report of Birth Abroad](https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/authentication-of-american-academic-credentials.html)(
FS-240) and thereby need to prove US citizenship by other means.

US citizens must show five years of US presence after the age of 14 in order to 
qualify.

US presence is best established with school records (transcripts), tax returns, 
and W2 income returns.

### Contact Lum Law Group

Still have questions on what may constitute US presence? Ask an experienced immigration
attorney today!