Question about Proof of U.S. Citizenship for my Son

[Nosi]

Hello everyone,

I’m looking for advice or clarification regarding my son’s U.S. citizenship status.

Here are the key facts:

• My mother (my sons grandmother) is a U.S. citizen.
• I (the mother) am a dual citizen of the U.S. and Germany, born in Germany and acquired U.S. citizenship at birth through my mother.
• My son (now 17) was born in Germany and holds German citizenship.
• In 2019, my son and I moved to the U.S. for about 8 months. I worked there, and my son attended school. We have school records, certificates, utility bills, etc., as proof of residence.
• My son entered the U.S. on an IR-2 visa and received a Green Card at that time.
• According to my understanding of the Child Citizenship Act of 2000, he automatically acquired U.S. citizenship once he was a lawful permanent resident residing in my legal and physical custody in the U.S.
• In March 2020, we returned to Germany due to the pandemic. We kept his Green Card and did not give it back.
• In June 2025, we traveled to the U.S. again to apply for his U.S. passport—on the advice of a lawyer—because it was deemed the easiest way to obtain proof of U.S. citizenship. He entered the US in his Green Card. For the passport application, we submitted secondary evidence of citizenship (school documents, utility bills, Green Card, etc.). After applying, we returned to Germany.
• The U.S. passport agency is now requesting proof that my son resided in the U.S. for a full year.

From my understanding under the Child Citizenship Act of 2000, there is no one-year physical presence requirement. Rather, the relevant conditions are (1) at least one U.S. citizen parent, (2) lawful permanent resident status, and (3) residing in the U.S. in the legal and physical custody of that parent—without any specific duration requirement.

My questions are:

1. Am I correct in understanding that the one-year physical presence requirement does not apply under the Child Citizenship Act of 2000?
2. Did my son legally acquire U.S. citizenship under that Act, based on the circumstances described?
3. What would be the best way to prove/ explain this to the passport agency?

Thank you very much in advance for your help and insights!

Nosi

 

[newacct]

The requirement is that your son needed to have "resided" in the US with you. There is no minimum duration to be considered "residing". It is a subjective determination that considers the character and duration of the stay. See 8 FAM 301.10-2(F)

 

[SusieQQQ]

Hello everyone,

I’m looking for advice or clarification regarding my son’s U.S. citizenship status.

Here are the key facts:

• My mother (my sons grandmother) is a U.S. citizen.
• I (the mother) am a dual citizen of the U.S. and Germany, born in Germany and acquired U.S. citizenship at birth through my mother.
• My son (now 17) was born in Germany and holds German citizenship.
• In 2019, my son and I moved to the U.S. for about 8 months. I worked there, and my son attended school. We have school records, certificates, utility bills, etc., as proof of residence.
• My son entered the U.S. on an IR-2 visa and received a Green Card at that time.
• According to my understanding of the Child Citizenship Act of 2000, he automatically acquired U.S. citizenship once he was a lawful permanent resident residing in my legal and physical custody in the U.S.
• In March 2020, we returned to Germany due to the pandemic. We kept his Green Card and did not give it back.
• In June 2025, we traveled to the U.S. again to apply for his U.S. passport—on the advice of a lawyer—because it was deemed the easiest way to obtain proof of U.S. citizenship. He entered the US in his Green Card. For the passport application, we submitted secondary evidence of citizenship (school documents, utility bills, Green Card, etc.). After applying, we returned to Germany.
• The U.S. passport agency is now requesting proof that my son resided in the U.S. for a full year.

From my understanding under the Child Citizenship Act of 2000, there is no one-year physical presence requirement. Rather, the relevant conditions are (1) at least one U.S. citizen parent, (2) lawful permanent resident status, and (3) residing in the U.S. in the legal and physical custody of that parent—without any specific duration requirement.

My questions are:

1. Am I correct in understanding that the one-year physical presence requirement does not apply under the Child Citizenship Act of 2000?
2. Did my son legally acquire U.S. citizenship under that Act, based on the circumstances described?
3. What would be the best way to prove/ explain this to the passport agency?

Thank you very much in advance for your help and insights!

Nosi

There is no one year requirement in the act, however, the CCA is intended to apply to those intending to reside permanently in the US. Your son’s moves may be seen to contradict this intention, especially as you have now moved back to Germany again. The interpretation of this has been different between different courts, see section E here https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-7

are you planning for your son to reside permanently in the US or Germany? If the latter you may want to look at N600-K first.