In America, the USCIS wants to see families kept together, rather than separated under the laws of immigration. While some states are more rigid with immigration than others, the federal law declares that if a person marries a legal American citizen that spouse is now a citizen too. When that couple has children, the children will be naturalized US citizens because they were born in the states. While these laws are obvious and enforced on a regular basis, there is one loophole that immigrants should be aware of. If you arrive in the United States and your grandparents are legal citizens, you may be able to use this connection in order to gain citizenship for yourself. This is contained in Section 322 of the United States Code. According to the code, in the case of the death of a U.S. citizen parent, a non-U.S. citizen child can obtain citizenship through grandparents within five years of the parent’s death.

This means that the child can use this connection in order to get the documents necessary to be a legal U.S. resident. The child will need to attend an interview inside the United States like all other immigrant applicants. To start this endeavor, you will need to get an N-600K form on the United States Citizenship and Immigration Services website. The form will require the signature of a legal guardian. Unfortunately, only minors can receive citizenship under a grandparent, so you will have to prove that you are under 18 at the time that you apply. You will then need to gather the supplemental documents that are needed for the application.

You will need two passport-sized photos of yourself, a copy of your birth certificate, and the birth certificate of your citizen grandparent in order to start the process. You will also need roof of your grandparent’s citizenship if applicable, and will want to bring copies of your birth parent’s birth and death certificates. In addition, you will have to bring a proof of legal guardianship for your guardian, any marriage certificates regarding you, your parents, or your grandparents, and proof that the grandparent has lived in the United States for at least five years. You will want to have your child visa present. Your grandparents may need to produce work records, school records and tax records to show that they have been in the United States for some time.

You should send copies of all these documents to the USCIS in the mail, but do not mail any originals. You will want to keep the original documents safe in a file at your home so that you can produce them when the time comes. You will have to send all the documents and an application fee to the USCIS. The application fee is normally about $460, so you will want to make out a check with this amount to the Department of Homeland Security. You will then want to schedule an interview with a local USCIS office. They will notify you if and when your application has been approved and you can take this next step. You will have to go to a USCIS office. If you have a legal guardian, you will want to bring him or her along. If possible, it is helpful to bring the grandparent who is facilitating the citizenship along as week. If citizenship is approved, then you will be able to take the oath of citizenship after your interview and obtain a citizenship card and certificate. If you want more information about obtaining citizenship this way, or need legal help because of a complication, then contact an immigration attorney near you to help!