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Citizenship Application: Section 322 Process

October, 2024
The U.S. citizenship process has multiple pathways, and Section 322 of the Immigration and Nationality Act (INA) provides a streamlined option for children of U.S. citizens who were born and are residing outside of the U.S. This route is designed to help U.S. citizen parents secure citizenship for their children without the need for lengthy residency requirements.

The U.S. citizenship process has multiple pathways, and Section 322 of the Immigration and Nationality Act (INA) provides a streamlined option for children of U.S. citizens who were born and are residing outside of the U.S. This route is designed to help U.S. citizen parents secure citizenship for their children without the need for lengthy residency requirements. Here’s a breakdown of the Section 322 process, eligibility criteria, and how a family immigration lawyer can assist.

What is Section 322 of the INA?

Section 322 of the INA allows U.S. citizen parents to apply for citizenship on behalf of their children who are under 18 years old and living abroad. This process is quicker than other citizenship applications, and, if approved, the child can be naturalized without having to meet the usual physical presence requirements in the U.S.

Eligibility for Section 322

To apply under Section 322, the child must meet the following criteria:

  • Under 18 Years Old: The child must be younger than 18 at the time of the application.
  • Living Outside the U.S.: The child must reside abroad with at least one U.S. citizen parent or a U.S. citizen grandparent.
  • Parent’s U.S. Citizenship: At least one parent must be a U.S. citizen, either by birth or naturalization.
  • Physical Presence Requirement: The U.S. citizen parent (or grandparent) must have been physically present in the U.S. for at least five years, two of which were after the parent’s 14th birthday. If the parent doesn’t meet this requirement, a grandparent can satisfy it.

Application Process

To initiate the process, the U.S. citizen parent must file Form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322). This form requires detailed information about the child, the parent’s U.S. citizenship status, and proof of the family’s physical presence in the U.S. Supporting documents typically include:

  • Proof of the parent’s or grandparent’s U.S. citizenship (e.g., birth certificate or naturalization certificate)
  • Child’s birth certificate and proof of relationship to the parent
  • Proof of the parent’s physical presence in the U.S.
  • Evidence of legal custody if the parents are separated or divorced

After applying, the child and the U.S. citizen parent will need to attend an interview at a U.S. Citizenship and Immigration Services (USCIS) office, often within the U.S. Once approved, the child is sworn in as a U.S. citizen and receives a Certificate of Citizenship.

Benefits of Section 322

The Section 322 process is advantageous because it allows U.S. citizen parents to secure citizenship for their children without requiring the child to reside in the U.S. for an extended period. This is especially beneficial for families who live and work abroad.

Why Hire an Immigration Lawyer?

Navigating the Section 322 process can be complex, especially when gathering documentation and proving physical presence requirements. Working with the best immigration lawyer in the USA ensures that your application is accurate and complete. Originally based in Atlanta, Georgia, Lunel Law is here to help with expertise in family immigration matters and a commitment to guiding families through this important journey.

If you’re considering applying for citizenship under Section 322, reach out to a family immigration lawyer at Lunel Law. We are dedicated to offering personalized, professional assistance throughout the application process. For personalized support, contact Lunel Law, one of the best immigration lawyers near you, today!