As anticipated, the USCIS finally announced its plans to increase Immigration application Filing Fees this year. Once the proposed increase is approved and the regulations are released, the fees will go into effect. The proposed increase for some of the most common application filing fees increases are below:

IMMIGRATION Q&A

Question: I just became a Naturalized U.S. Citizen after having lived in the U.S. for the past six years. I have a 12-year-old daughter who lives in Jamaica with her mother. We are still married, but separated. My question is, now that I am a U.S. Citizen will my daughter automatically become a U.S. Citizen or not?

Answer: Thanks for your question. This can sometimes be a confusing area. Under the Child Citizenship Act of 2000, some eligible children under age 18 of U.S. Citizens automatically become U.S. Citizens. Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. This can happen when a parent is a natural born U.S. citizen or once a U.S. Permanent Resident parent Naturalizes. To qualify, the child must meet all of the requirements below:

1) Inside the U.S.: For children currently residing permanently inside the U.S. to be eligible, a child must: a) Have at least one U.S. citizen parent (by birth or naturalization); b) Be under 18 years of age; c) Be currently residing permanently in the U.S. in the legal and physical custody of the U.S. citizen parent; and d) Be a lawful permanent resident (Green Card holder);

2) Outside the U.S.: For children currently residing outside the U.S., the U. S. citizen parent must apply for naturalization on behalf of the child and the child needs to be in the U.S. to complete naturalization processing and take the oath of allegiance, since the naturalization process cannot take place overseas.

To be eligible, a child must: a) have at least one U.S. citizen parent (by birth or naturalization) who has been physically present in the U.S. for at least five years and at least two of which were after the age of 14 (or a U.S. citizen grandparent who has been physically present in the U.S. for at least five years, at least two of which were after the age of 14) b) Be under 18 years of age; c) Be residing outside the U.S. in the legal and physical custody of the U.S. citizen parent; d) Be “temporarily” present inside the U.S.—having legally entered and continued to maintain legal immigration status.

In cases where a minor child under the age of 18 resides abroad and is not living in the physical custody of the U.S. citizen parent, in order to legalize a child’s status, the U.S. Citizen parent must file a family petition for the child. Once the child receives his or her immigrant visa at the U.S. Consulate abroad and enters the U.S. as a legal U.S. Resident, as long as the child is under age 18, he or she also automatically becomes a U.S. Citizen.

If the child has a tourist visa and is visiting the parent in the U.S., the U.S. Citizen parent may also file a family petition for the child and an application to adjust the child’s status to a U.S. Resident while inside the U.S. Once the child receives his or her Green Card, as long as the child is under age 18, he or she also automatically becomes a U.S. Citizen.

The USCIS does not automatically provide Citizenship certificates, therefore, the parent can apply for the child’s U.S. Passport to use as proof the child’s U.S. Citizenship.