A service member's child can become a U.S. citizen in more than one way, and the right path depends on where the child lives, whether the child is a permanent resident, and whether a parent died in service. This guide sorts the options using the USCIS Policy Manual, checked on October 21, 2026. Confirm your child's case with a recruiter and USCIS before you file.
Which citizenship rule applies to your child?
Start with where the child lives and their status. A permanent resident child in a U.S. citizen parent's custody may acquire citizenship automatically under INA 320. A child abroad who has not acquired it may naturalize under INA 322. A child of a citizen service member who died in service may use INA 319(d).
| Provision | Main situation | Source |
|---|---|---|
| INA 320 | Permanent resident child under 18 in the legal and physical custody of a U.S. citizen parent; living in the United States, or abroad with a service member parent on orders | USCIS Policy Manual, INA 320 |
| INA 322 | Child under 18 living outside the United States who has not acquired citizenship under INA 320; parent applies with Form N-600K | USCIS Policy Manual, INA 322 |
| INA 319(d) | Surviving child, spouse or parent of a U.S. citizen service member who died during honorable active-duty service | USCIS Policy Manual, family benefits |
When does a child get citizenship automatically under INA 320?
When every requirement is met before age 18: the child is a lawful permanent resident and lives in the United States in the legal and physical custody of a U.S. citizen parent. Since March 26, 2020, a child living abroad can qualify if the service member parent is stationed abroad and the child is authorized on the official orders.
Source: USCIS Policy Manual, INA 320. To get proof, file Form N-600, Application for Certificate of Citizenship. A parent or legal guardian files for a child under 18 (USCIS Policy Manual).
How does INA 322 work for a child living abroad?
A U.S. citizen parent files Form N-600K for a child under 18 who did not acquire citizenship under INA 320. USCIS says children of service members accompanying a parent abroad on official orders can complete the whole process outside the United States, including interviews and the oath.
Under INA 322, the child must take the oath before turning 18 unless USCIS waives it, and the citizen parent must show 5 years of U.S. physical presence, 2 of them after age 14. Under INA 322(d), these children need no lawful admission, and a service member parent can count time abroad on official orders toward that presence. These benefits do not apply to stepchildren (USCIS Policy Manual, family benefits and USCIS Policy Manual, INA 322).
What if a service member parent died in service?
The surviving child, spouse or parent of a U.S. citizen who died during honorable service in an active-duty status may be eligible to naturalize under INA 319(d). USCIS says they must meet the general naturalization requirements except the U.S. residence and physical presence requirements.
Source: USCIS Policy Manual, family benefits.
What documents should you gather?
For an INA 320 certificate, USCIS lists proof of the parent's citizenship, the child's permanent resident card, proof of the parent's legal custody where relevant, evidence the child lived in the parent's physical custody before 18, and, for children abroad, the PCS orders authorizing the child to accompany the parent.
- Parent's birth certificate, naturalization certificate, Consular Report of Birth Abroad, U.S. passport or Certificate of Citizenship (USCIS Policy Manual, INA 320).
- Child's permanent resident card or other evidence of permanent residence (USCIS Policy Manual).
- Adoption decree and name-change records, if they apply (USCIS Policy Manual).
Confirm which provision fits your child with USCIS before you file.
Related TakeOath guides
- Citizenship for military family members
- Military naturalization revocation rules
- Army National Guard citizenship: green card guide
Sources
- Policy Manual Vol. 12, Part H, Chapter 4 (INA 320), USCIS, retrieved October 21, 2026
- Policy Manual Vol. 12, Part H, Chapter 5 (INA 322), USCIS, retrieved October 21, 2026
- Policy Manual Vol. 12, Part I, Chapter 9 (spouses, children and survivors), USCIS, retrieved October 21, 2026