How Does an Undocumented Child Become a Citizen?

An undocumented child in the United States cannot directly become a U.S. citizen. The pathway to citizenship for an undocumented child typically involves a two-step process: first, obtaining lawful permanent resident status (a "Green Card"), and then, after meeting specific eligibility criteria, applying for naturalization to become a citizen.

Pathways to Lawful Permanent Residency (Green Card) for Undocumented Children

Becoming a lawful permanent resident is the essential first step for an undocumented child seeking U.S. citizenship. Several avenues exist, though eligibility depends heavily on individual circumstances.

1. Special Immigrant Juvenile Status (SIJS)

For children who are already in the U.S. and have experienced abuse, abandonment, or neglect, particularly those in the foster care system, a significant pathway exists through Special Immigrant Juvenile Status (SIJS). This status can lead to lawful permanent residency.

• Eligibility Criteria: To qualify for SIJS, a child must be:
  • Under 21 years old and unmarried at the time of filing.
  • Declared dependent on a juvenile court or placed in the custody of a state agency or an individual appointed by a state court.
  • Determined by a state court that reunification with one or both parents is not possible due to abuse, neglect, or abandonment.
  • Determined by a state court that it is not in the child's best interest to return to their country of origin.
• The Process:
  • The process often begins with a state juvenile court making the necessary findings regarding the child's dependency, the impossibility of parental reunification, and the best interest determination.
  • Once the juvenile court has made these findings, the child can then apply to U.S. Citizenship and Immigration Services (USCIS) for SIJS classification.
  • If SIJS is granted, the child can then apply for a Green Card.

2. Family-Based Petitions

If an undocumented child has a qualifying U.S. citizen or lawful permanent resident family member, they may be sponsored for a Green Card.

• Common Scenarios:
  • Immediate Relatives: A U.S. citizen parent can petition for their unmarried child under 21. This category has no visa quota, meaning visa numbers are immediately available once the petition is approved.
  • Family Preference Categories: U.S. citizens can petition for unmarried children over 21, married children of any age, or siblings. Lawful permanent residents can petition for their unmarried children. These categories are subject to annual visa quotas, which can result in long waiting periods.
• Challenges: For undocumented children, the "unlawful presence" accrued while in the U.S. without authorization can trigger bars to admissibility if they leave the U.S. to obtain their visa. Waivers may be available for certain close relatives.

3. Asylum and Refugee Status

Children who have a well-founded fear of persecution in their home country may be able to seek asylum or refugee status in the U.S.

• Asylum: Can be sought by individuals already present in the U.S. or at a port of entry.
• Refugee Status: Typically granted to individuals outside the U.S. who are then resettled here.
• Pathway to Green Card: After one year of being granted asylum or refugee status, the individual can apply for lawful permanent residency.

4. U Visas and T Visas

These humanitarian visas are available to certain victims of crimes or human trafficking who cooperate with law enforcement.

• U Nonimmigrant Status (U Visa): For victims of certain serious crimes (e.g., domestic violence, sexual assault, torture) who have suffered substantial physical or mental abuse and who are helpful to law enforcement in the investigation or prosecution of the criminal activity.
• T Nonimmigrant Status (T Visa): For victims of severe forms of human trafficking.
• Pathway to Green Card: After three years in U or T nonimmigrant status, qualifying individuals can apply for a Green Card.

From Green Card to U.S. Citizenship (Naturalization)

Once an undocumented child successfully obtains a Green Card through one of the pathways above, they become a lawful permanent resident. After a certain period, they can apply for U.S. citizenship through a process called naturalization.

The general requirements for naturalization include:

• Age: Be at least 18 years old. (A child under 18 may automatically derive citizenship if their parent naturalizes, or they may be able to naturalize through a special process).
• Continuous Residency: Have been a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen and meet other requirements).
• Physical Presence: Have been physically present in the U.S. for at least half of the required continuous residency period.
• Good Moral Character: Demonstrate good moral character for the required period.
• English Language and Civics Knowledge: Pass tests on English language proficiency and knowledge of U.S. history and government.
• Allegiance: Be willing to take an Oath of Allegiance to the United States.

It is important to note that the path from being an undocumented child to a U.S. citizen is often complex and depends on the specific details of each child's situation. Legal assistance from an immigration attorney or accredited representative is highly recommended for navigating these processes.