Citizenship through a parent: the law behind the headlines

Key takeaways

• A child born abroad can become a U.S. citizen automatically when a parent naturalizes — but only if every requirement is met before the child's 18th birthday.
• A child who is already 18 must apply on their own, generally through Form N-400.
• Only a federal court can revoke naturalized citizenship, and the government carries a heavy burden of proof.
• Revocation does not mean automatic deportation; removal requires separate proceedings.

Why this is in the news

The Washington Post has reported a federal inquiry into Rep. Omar's birth date and citizenship records. Rep. Omar has said she became a citizen in 2000, at age 17, through her father. An investigation is not a finding of wrongdoing, and the facts will be decided through the legal process.

The legal question being discussed is a common one in immigration practice: whether a child was under 18 when the requirements for citizenship through a parent were met. Members of the House must have been U.S. citizens for at least seven years (U.S. Constitution, Article I, Section 2), which is why the question has drawn attention.

How a child becomes a citizen through a parent

Today's rule is INA § 320, created by the Child Citizenship Act and in effect since February 27, 2001. It requires at least one U.S. citizen parent and a child under 18 who is a lawful permanent resident living in the U.S. in that parent's legal and physical custody.

Cases before February 27, 2001 fall under former INA § 321. That law generally required both parents to naturalize, unless one parent had died or the parents were legally separated and the naturalizing parent had custody. The child also had to be under 18 and a green card holder.

Why the 18th birthday matters

Citizenship through a parent is automatic only if all conditions are met before age 18. A child who turns 18 first gets nothing automatically and must apply separately with Form N-400, which generally requires five years as a green card holder plus English and civics tests. That is why a single birth date can decide a citizenship case.

Can citizenship be taken away?

Under 8 U.S.C. § 1451, only a federal court can revoke naturalized citizenship. The court must find that citizenship was illegally procured, or obtained by concealing a material fact or by willful misrepresentation. In civil cases the government must prove this by clear, unequivocal, and convincing evidence, and there is no statute of limitations.

If citizenship is revoked, the person usually returns to green card status. The government would then need separate removal proceedings in immigration court. Denaturalization cases have historically been rare, averaging roughly 11 a year from 1990 to 2017, though a June 2025 Department of Justice memo made them an enforcement priority.

What this means for your family

If you are a U.S. citizen and your child is under 18, act before their 18th birthday. The deadline is absolute.

• Green card holder living with you in the U.S.: your child may already be a citizen. File Form N-600 or apply for a U.S. passport to prove it.
• Living abroad: your child may qualify under INA § 322 (Form N-600K), which must be completed before age 18.
• No green card yet: start now, because that step comes first.

How Jessica can help

Jessica Weiss, Esq. has practiced U.S. immigration law since 1998, helping clients move from visitor status to work visas, green cards, and U.S. citizenship. She handles every part of the process, including proof of citizenship for children.

This article provides general information about the law and is not legal advice or commentary on any individual. Individual cases depend on their facts.