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US Citizenship by Birth for Nigerians

If you are born in the US, you are allowed to request american citizenship by birth.

For more information about US citizenship by birth for Nigerians, including more details about the eligibility criteria, how to apply, and to receive bespoke advice for your immigration situation, reach out to one of our legal advisers today. Call our office in Nigeria on +23413438882 or our US office on +44 (0) 3316300929, or contact us online

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    Benefits of Choosing IAS USA Immigration Lawyers

    When it comes to obtaining a USA visa or permit, IAS USA immigration lawyers are well-equipped to help you.

    With IAS’s track record of successfully helping clients visit or immigrate to the United States, we can help businesses and individuals achieve their goals.

    Our dedicated immigration lawyers provide our services through a comprehensive and personalised approach. With IAS, you enjoy:

    Compassionate support from an experienced immigration lawyer dedicated to your success

    Support in gathering supporting documents and completing a high-quality application.

    Confidence that your case is being handled by an experienced team.

    In-house document checks done by lawyers who are well-versed in US immigration matters.

    Regardless of what your USA immigration query might be, IAS is here to help and support you. Call us or enquire online to learn more about how we can help you.

    Services we Provide

    Are you a Nigerian Born in America and Want to Register as a Citizen?

    Get in touch with our experienced team for legal expert advice. Working with our experienced IAS immigration lawyers can reduce the risk of your application being refused. With our help, you can focus on getting settled in the US instead of worrying about paperwork.

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    Overview of US Citizenship by Birth

    The United States Citizenship and Immigration Services (USCIS) allows citizenship for any child born in the US if the child is under 18 years of age.

    Children born outside of the United States and who meet the requirements are also eligible for citizenship in certain circumstances. The child must have at least one parent, whether that parent is a citizen or not who meets the eligibility requirements.

    If the parents did not meet all the requirements, the exception is that if one parent is a citizen and the other parent has been a resident in the US for a certain period, then citizenship will be granted to their children.

    What Is Citizenship by Birth in the US?

    Sometimes, an individual’s birth outside the United States (US) does not automatically disqualify them as US citizenship. There are many paths to US citizenship for those born outside the US. It is vital to understand that even if a person is born outside the United States, they may still be eligible for citizenship based on their parents’ citizenship or eligibility for citizenship.

    The following provides the basic elements of US citizenship by birth:

    Who is a citizen at birth? A person born in the United States and who has at least one parent who is a US citizen or is a US citizen through naturalisation and has lived in the U.S before their child’s birth is a citizen at birth.

    What about children of permanent residents? Children born outside of the United States to two lawful permanent residents are citizens at birth as long as one parent had resided in the United States for five years before the child’s birth.

    What Are the Benefits of Acquiring Citizenship by Birth in the U.S?

    As an Nigerian immigrant to the United States, you can enjoy its many benefits and opportunities. Here are some advantages to becoming a US citizen:

    • Eligible for government programs and assistance
    • Vote in elections
    • Serve on juries and get jury duty pay
    • Sponsor other family members for citizenship
    • Petition to bring your parents to the U.S., even if they are not your legal guardians (as long as they are financially dependent on you)
    • Petition to bring your spouse and children to the U.S., even if they are not your legal dependents (as long as they are financially dependent on you)
    • Bring spouses and children under 18 years old to become US citizens
    • Run for political office
    • Have a US passport and international travel without a visa

    Many Nigerians move to the United States for opportunities and greater economic potential. In order to fully take advantage of these opportunities, it is best to become a US citizen.

    This includes the social and financial benefits available to US citizens by birth for Nigerians, including access to quality education and financial aid at colleges and universities.

    Our team of experts is dedicated to assisting Nigerian parents in understanding and successfully applying for US citizenship by birth.

    What Are the Legal Requirements for Acquiring Citizenship by Birth in the US?

    You may be eligible for US citizenship by birth through your parents or grandparents, even if you have never visited the United States. You can apply regardless of where you live and even if you are presently living abroad.

    In order to qualify for citizenship by birth in the United States, the child must also meet the following requirements:

    • Parents must have been married at the time of the child’s birth
    • Only one parent needs to be a citizen of the United States or legal permanent resident if the parents are not married at the time of their birth
    • The child must be legitimated before they turn 18 years old
    • Parents must reside legally in the United States before their birth for 5 years, two years of which must have been after the age of 14.
    • Good moral character

    Our experienced immigration lawyers can help you decide which application method will work best for your situation and then guide you through the process, preparing all of the paperwork and accompanying documents, as well as ensuring that all your information is correct.

    What Are the Different Types of Citizenship by Birth in the US?

    The US Constitution allows for three types of citizenship: birthright citizenship, naturalisation, and the 14th Amendment.

    Birthright citizenship is when children born in the US automatically becomes a citizen.

    The first form of naturalized citizenship is when an individual is granted citizenship after meeting certain requirements. The second form of naturalized citizenship is when a person already in the U.S legally applies for citizenship after fulfilling certain requirements.

    The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868. It guaranteed that all persons born in the United States are citizens of the United States and of the state in which they reside.

    How Does the Acquisition of U.S. Citizenship at Birth by a Child Born in Nigeria Work?

    Children born in Nigeria to a US citizen parent or parents may acquire U.S. citizenship at birth if the parent(s) meet certain residency requirements.

    For Children born in Nigeria, the child must meet the following conditions to acquire U.S. citizenship at birth:

    • The child must be legitimated while under the age of 18 years by the natural father, or by the father legitimating the child when they are at least 18 years old
    • One of the parents (biological or adoptive) must have resided in the United States prior to the child’s birth
    • At least one parent (biological or adoptive) must have been physically present in the United States for five years, two after the child reached 14 years of age
    •  The child must pass a test covering English, U.S. government and history questions
    • One parent who is a citizenof the United States registered your birth with the U.S. consulate or embassy in the country where you were born

    What Is the Process to Acquire Us Citizenship by Birth Abroad?

    The first step to obtaining U.S. citizenship by birth abroad is to prove citizenship in the first place. This is usually done with:

    • A copy of the parent’s birth certificates (showing their place of birth) and their naturalisation certificates (showing their date of naturalisation)
    • Proof of the child’s birth, generally a copy of their original or amended birth certificate
    • Fill out Form N-600: Application for Certificate of Citizenship
    • With other supporting documentation, you can submit the US citizenship application. The filing fee ($640), also biometric services are $85.

    If your application is approved, you will receive your certificate of citizenship from the U.S. Citizenship and Immigration Services (USCIS), which may take several months.

    You can contact our US immigration lawyers to handle any issues that may arise during the process professionally to prevent mistakes.

    Contact us today to navigate the process with expert guidance and clarity!

    How to Obtain a Us Birth Certificate for Your Child to Obtain US Citizenship?

    If you have a child that was born in the United States (U.S.), you might be wondering how to obtain the birth certificate of your child, since it is a requirement for citizenship.

    Knowing where to obtain your child’s birth certificate can also help with obtaining other documents, such as a social security card, passport or driver’s license since most require this document as proof of citizenship.

    The process for obtaining a birth certificate varies. You will need to fill out several forms and possibly pay a fee before receiving the birth certificate.

    You can expect to receive your copy within ten business days after filing all necessary paperwork. There are several forms to fill out: a certificate request form, an affidavit acknowledging paternity or denial of paternity and an application for delayed registration of birth. In addition, if parents want multiple copies of the same certificate, they must pay an additional fee.

    How Long Does It Take to Approve the Application for US Citizenship?

    This application process can take anywhere between six months and one year, depending on how quickly it is processed by USCIS. The timeframe may be shorter for those who are applying for the first time. In some cases, it can be as short as nine months.

    For those who have applied before but have other problems that may pose a barrier to approval, the process may be longer, up to two years or more. In some cases, people may have to wait for citizenship determination for over four years.

    What Does Birthright Citizenship in the United States Mean?

    The Immigration and Nationality Act of 1965 (INA) provides that any person born in the United States is a citizen at birth, regardless of the citizenship or immigration status of their parents. This rule applies to any person born in the U.S, including children of undocumented immigrants and tourists.

    Section 301(c) of the INA states that all persons born in the United States and subject to the jurisdiction thereof, are citizens of the United States. The petitioner must be a citizen of the United States or lawful permanent resident, at least age 18, and living in the United States.

    Since this provision was enacted, it has been consistently interpreted to grant citizenship to children born in the U.S, even if their parents are foreign nationals who do not have legal immigration status.

    Civic Participation and Community Engagement as a Citizen by Birth

    When you become a citizen of the United States by birth, it means that you automatically receive certain rights and responsibilities when you are born. Your rights include freedom of speech and religion. In addition, citizens have responsibilities such as paying taxes and obeying laws and rules that apply to everyone else in the country.

    Allow our team of legal experts to help you with the process of US Citizenship by Birth for Nigerians.

    History of Birthright Citizenship in the US

    The practice of granting citizenship to all children born in the US began as a result of the 14th Amendment, which granted citizenship to freed slaves after the Civil War.

    The drafters of that amendment did not foresee their provision applying to anyone but former slaves, but the Supreme Court soon came to view it as applying to all children born on US soil.

    It was not until 1898 that Congress passed a statute specifying that birthright citizenship applied to all children born in the US regardless of their parent’s legal status. This topic has been controversial ever since, and there have been repeated attempts to change this law. To date, no such attempts have successfully overturned the precedent set by the 1898 statute.

    Requirements for Married and Unmarried Couple’s Children

    If you’re a married or an unmarried couple with children born in the United States, your child may be eligible for U.S. citizenship at birth. To become a citizen of the United States at birth, the biological child of two American citizens needs to meet the following requirements:

    Requirements for children born to married parents:

    The child must have been born to two parents who are legally married to each other. This is a requirement for citizenship through both parents, regardless of whether they are biological or adoptive. Children born in wedlock can qualify for citizenship automatically if:

    • The child was born to parents who were married at the time of your birth
    • At least one parent had resided in the United States for one continuous year before the child’s birth
    • No lawful impediment existed to prevent the child’s parents from marrying at the time of the child’s birth.

    Requirements for a child born out of marriage:

    A child born out of marraige to one or two U.S citizen parents may be eligible for U.S. citizenship. The law was passed to correct an outdated policy that had prevented many children from obtaining U.S. citizenship automatically when they otherwise would be eligible if born abroad to married parents.

    If an individual was born out of wedlock in the United States, becoming a citizen of the United States requires some extra steps as opposed to children born within wedlock. A person needs to consider certain situations, abide by guidelines by the Department of State and gather the right documentation.

    A child whose mother or father was a citizen of the United States at the time of their birth may also be eligible to claim citizenship if the child qualifies and all statutory requirements are met.

    The eligibility criteria include:

    • The unmarried mother must have been a permanent resident at the time of her child’s birth
    • The child was physically present in the United States or its outlying possessions for no less than five years before the application for naturalisation
    • The child must demonstrate good moral character
    • Can speak English

    For a child born out of marriage, the father must acknowledge paternity and agree to provide financial support. This can be done in writing at any time before the child turns 18, with no time limit on its validity. If a DNA test shows that a man is not the child’s biological father, he can withdraw his acknowledgement.

    We are a well-established law firm in Nigeria. Our IAS immigration lawyers are proficient at providing you with services for US citizenship by birth for Nigerians. We have been able to provide Nigerians with legal services. Our track record speaks for itself thus far. Contact us at any time for a consultation on your case.

    Application for Certificate of Citizenship (Form N-600)

    The U.S. Department of State website provides a checklist of things to do to become a U.S. citizen. The first step is to fill out and submit Form N-600, which is the Application for Certificate of Citizenship.

    You’ll need to provide proof that you’re a U.S. citizen, such as your U.S. birth certificate, along with proof that you were born abroad, such as your foreign birth certificate. You’ll also have to prove that you were physically present in the United States for at least five years, including at least two years after turning 14 years old.

    Citizenship Interview and Waiver

    Successfully applying for citizenship is a multi-step process. Applicants must first secure an interview appointment, after which they will be allowed to submit their application and necessary documentation. The final step is the citizenship test and interview, in which applicants must prove that they are of good moral character.

    If you are applying for citizenship by birth, you will have to take the English or civics tests. In addition, certain applicants may be eligible for a waiver to these tests if they can prove that learning English or civics would result in extreme hardship to them. This waiver can be granted to those who are physically, mentally disabled, or elderly.

    Our experts will lead you through the paperwork maze, ensuring accurate submission of vital birth and citizenship documents.

    Decision and Oath of Allegiance

    When you apply for naturalisation or citizenship, it is important to understand the difference between a “Decision” and an “Oath of Allegiance.”

    A decision is simply a ruling on an application submitted by the applicant. It can be either approved or denied. An oath of allegiance is a promise made by a new citizen of the United States to develop loyalty and patriotism towards the United States.

    Denial of US Citizenship at Birth

    There are many circumstances under which a person may not be entitled to US citizenship at birth. The circumstances include, but are not limited to:

    • If one or both parents were not US citizens at the time of the child’s birth or if they were in the United States illegally at the time of his or her birth
    • A child born in a foreign country and either parent was neither a citizen of the United States nor a permanent resident (green card holder) at the time of birth
    • If the child was born in a foreign country and neither parent was working for the US government or serving in the armed forces at the time of birth

    Process for Appealing a Denied Us Citizenship at Birth for Nigerians

    The exact process will depend on your situation, but in general, you will be required to submit evidence to convince government officials that a mistake was made when they initially denied your application for citizenship at birth. You will need to supply additional documentation that proves your eligibility for citizenship.

    You must present as many documents and proofs as possible, in order to give yourself the best chance of being approved by the USCIS. If the appeal is approved, a Certificate of Citizenship will then be issued and mailed to the applicant’s last known address.

    Appealing a denied U.S. Citizenship at birth can be a process, but it is not impossible. The first step to appeal your denial is to contact an immigration lawyer who has extensive experience with this type of case.

    Our expert lawyers will be able to provide you with information for your particular case. If you have been denied citizenship and believe that you are eligible for citizenship, our lawyers can begin preparing the appeal as soon as possible.

    Why Nigerians Give Birth to a Child in the US?

    The US medical system is very advanced and the facilities are state of the art. This makes the US the go-to place for Nigerians who are planning to give birth. In the United States, you can find hospitals that are specialized in dealing with such matters.

    Reasons for the popularity of Nigerians giving birth in the United States, include:

    • The birthing process and after-care will be overseen by highly trained medical personnel who are specifically trained to handle birthing complications
    • Many hospitals are not well-equipped in Nigeria
    • Your baby automatically qualifies for US citizenship
    • Worried about poor healthcare standards at home
    • It is safer than giving birth in Nigeria
    • Proper medical equipment and services give more chances of survival after delivery in the United States.

    Let us guide you through the requirements and procedures, ensuring a smooth path to your child’s American citizenship.

    Process for Obtaining a US Birth Visa

    A US birth visa is a legal document that allows for the entry of Nigerian citizens into the US. It is usually issued to a person who was born outside the United States and is seeking to enter the country, or to a child who was born in the United States but whose parents were not. The visa can be issued to both children and adults, depending on the circumstances.

    The United States Citizenship and Immigration Services (USCIS) allows you to apply for a US Birth Visa, which is an alternative way to obtain citizenship aside from Naturalisation or Birth Abroad. This visa is known as the “Birthright” or “Citizenship by Birth” visa.

    Here is the process:

    • Find out if you are eligible
    • Choose your application method
    • Complete and file your application
    • Wait for your decision
    • Get your Certificate of Citizenship

    Before proceeding with any application, you can get in touch with our experienced immigration lawyers. We can provide you with the information you need and discuss your options and how they will affect your future. Our professional legal team will work with you to make sure that all of your bases are covered.

    Choosing a Hospital for Giving Birth in the US

    If you are in the process of obtaining a visa to come to the United States, you may be wondering which hospital to choose for giving birth. Here are some things to consider when choosing a hospital.

    In preparing for your delivery, you should check with your insurance company regarding which hospitals are covered by your plan. Most cover maternity services, but there are sometimes restrictions that apply. You can also check with the hospital or individual doctors to see what their rates are and whether they accept your insurance.

    It is also important to consider how much maternity care will cost if you choose one hospital over another. Some hospitals are known for being very expensive (and luxury-focused), while others offer great care at more reasonable prices.

    Finally, be aware of the potential options for paying for medical care while you’re pregnant or delivering a baby in the U.S. You may be eligible for Medicaid, but only if you’ve lived in the U.S for five years or longer.

    How Can IAS Help?

    IAS immigration lawyers can help you navigate the immigration system, and we’re a good fit for Nigerians looking to gain US citizenship or permanent residence. We offer many legal services, including direct representation and assistance with the US citizenship application process.

    We are familiar with the federal agencies involved in this process, as well as new rules for giving birth in USA. Our legal team can help you get through any challenges that arise.

    You’ll work directly with an experienced lawyer who can provide guidance on your case specifics and provide legal advice about what’s needed to apply for US citizenship.

    As your lawyer, we’ll help you gather all the important information that goes into your application, and supporting documents, work with government officials to schedule interviews and get your application approved, and represent you at any hearings or meetings if necessary.

    We know how important this is to you. We’ve helped many Nigerians gain citizenship over the years. Our goal is to help you make it happen as smoothly as possible.

    For more information about US citizenship by birth for Nigerians, including the eligibility criteria and how to apply, contact our immigration lawyers today. Call us on our office in Nigeria on +23413438882 or on +44 (0) 3316300929, or contact us online.

    We offer immigration advice sessions as face to face appointments at our Lagos office, all of our UK offices, or via the phone.

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    Frequently Asked Questions

    Birthright citizenship and naturalized citizenship both refer to the same basic concept, but there are some key differences. Citizenship is defined as a person’s country of origin or allegiance to it. Citizenship may be acquired through birth in a particular place or through naturalisation. Naturalisation is when you become a citizen after having had another citizenship in another country.

    Children born in the U.S to a non-US citizen parent are automatically granted citizenship, under the same conditions as children born to US citizen parents. Like all US citizens, those who are born in the country have a right to serve in the military when they reach the age of eighteen (with certain caveats for how long they have lived in the country).

    The Internal Revenue Service (IRS) has a long list of tax issues that the parents of a child born in the United States must deal with. The good news is that most of these issues are not a concern for people who are not U.S. citizens and do not reside in the United States full-time.

    However, considering some of the benefits of giving birth in USA, it is important to have an understanding of these tax rules to determine whether they might apply to your situation.

    Our expert immigration lawyers provide a wide range of services to meet your needs. Our lawyers can help you understand your options and eligibility for U.S. citizenship by birth if you were born in Nigeria.

    While U.S. Citizenship and Immigration Services (USCIS) states that, in general, “you must be a U.S. citizen or national, a lawful permanent resident of the United States, or an alien lawfully admitted to the United States under specific visa categories to qualify for a social security number (SSN),” there are exceptions for certain children born in the United States who have parents who are undocumented immigrants.

    Generally, you will need a lawyer or immigration expert to help you. IAS immigration lawyers can assist you with your situation to determine whether or not there is any relief available for you to obtain legal status in the United States.

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