Navigating the Path to U.S. Citizenship: Certificate of Citizenship Issued for Minor Child of U.S. Citizen

For U.S. citizens with minor children born outside the United States, the process of obtaining U.S. citizenship for their child can seem overwhelming. However, in the case of Matter of G.C.P. (2025), the expertise of Alex ensured that this minor child, who was born in Mexico and became a lawful permanent resident, successfully obtained her Certificate of Citizenship under section 320 of the Immigration and Nationality Act (INA).

In this case, G.C.P., a minor child, was concerned about meeting the requirements for U.S. citizenship through her U.S. citizen parent. The straightforward elements of eligibility, such as the child residing with the mother in the U.S. after lawful admission and the mother being a U.S. citizen, were easily established. However, the issue of legal custody—one of the key components of the application—posed a challenge. Alex carefully reviewed the case and helped G.C.P.’s mother explain to U.S. Citizenship and Immigration Services (USCIS) how the minor child had come to reside solely under the legal and physical custody of her U.S. citizen mother. Through a comprehensive presentation of the case, Alex highlighted the specific facts, leading USCIS to determine that the legal custody requirement had been met.

In less than six months, USCIS issued the Certificate of Citizenship, solidifying G.C.P.’s status as a U.S. citizen, and making her one step closer to enjoying all the rights and privileges that come with U.S. citizenship. This case underscores the importance of legal expertise when navigating the complexities of U.S. citizenship applications, especially for minors.

CERTIFICATE OF CITIZENSHIP ISSUED Matter G.C.P. (2025)

G.C.P., a lawful permanent resident of the United States, is the minor biological daughter of a U.S. citizen. It was this U.S. citizen parent who contracted Alex’s services to help in completing an Application for Certificate of Citizenship (“Form N-600”). G.C.P. was concerned that satisfying all the elements of section 320 of the Immigration and Nationality Act would be a challenge. Easily established were the facts (1) that the child is residing with her mother in the United States after being lawfully admitted as a permanent resident, (2) that the parent with whom the child is residing is a United States citizen, and (3) that the child is under 18 years of age. But it was the element of “legal custody” that G.C.P.’s mother was worried she would have trouble satisfying.

Having reviewed the case carefully, Alex helped G.C.P.’s mother in explaining to the agency how it came to be that G.C.P. came to reside solely in the legal and physical custody of her mother. While the facts in this case did not fit neatly into one of the enumerated categories noted in the Policy Manual (“PM”) of the Department of Homeland Security Citizenship and Immigration Services (“USCIS”), Alex noted how the agency could still determine that the factual circumstances in this case satisfied the “legal custody” requirement. 12 USCIS PM, Pt. H, Chap. 4 ¶ B (“There may be other factual circumstances under which USCIS may find the U.S. citizen parent to have legal custody to be determined on a case-by-case basis.”). Based on the evidence presented, the agency found that the factual circumstances were sufficient to meet the element of legal and physical custody as understood in context of section 320 of the Act. USCIS ultimately issued the Certificate of Citizenship to G.C.P.

If you're a parent looking to secure U.S. citizenship for your child or have any questions regarding family-based immigration, don't hesitate to call us today at (725) 221-5998 or contact us online to schedule a free consultation. Let the Law Office of Alexander R. Vail guide you through every step of the process!

View More Successful Naturalization Cases