US Citizenship
[PLEASE NOTE: ALTHOUGH THERE IS CONFUSION IN THE MATTER, CURRENTLY THE IRS CONSIDERS ALL DEPENDENTS ELIGIBLE FOR THE REFUNDABLE CHILD CREDIT ONLY FROM THE DATE OF CITIZENSHIP. AS AN EXAMPLE, IF YOUR CHILDREN ARE NATURALIZED TODAY (YEAR 2010) YOU CAN ONLY CLAIM THEM AS DEPENDENTS ON YOUR 2010 RETURN, WHICH IS FILED IN THE BEGINNING OF JANUARY 2011; YOU WOULD NOT BE ELIGIBLE TO FILE RETROACTIVE RETURNS (2006, 2007, 2008 & 2009 FOR EXAMPLE).]
There are clear laws in regards to eligibility of transmitting U.S. citizenship to children that were born outside of the United States to US citizens:
- Regarding children under 18 years of age, in a scenario where only one of the parents possess American citizenship, that parent must prove U.S. residency for a period of 5 years from before the child was born, in which at least two years are over the age of 14. It can be done here in the American Consulate.
- Regarding children over the age of 18 years, in a scenario where only one of the parents possess American citizenship, that parent must prove U.S. residency for a period of 10 years from before the child was born, in which at least five years are over the age of 14. It can be done here in the American Consulate.
- Regarding children under the age of 18 years, in a scenario where both parents possess American citizenship, either parent must prove U.S. residency for a period of at least 1 year from before the child was born. It can be done here in the American Consulate
- In a situation where neither parent ever resided in the U.S but that at least one is an American citizen- regarding children under the age of 18 years- it is possible to apply for citizenship through one the grandparents (of the American parent). The grandparent must prove U.S. residency for a period of 5 years, in which at least five years are over the age of 14. The citizenship process must take place in the United States.
To issue citizenship here in the consulate:
"Tax Refund Plus" offers a variety of services for clients that need to apply for citizenship here in the consulate [For those interested in filing their U.S. tax returns, there is no charge for these free services]. We can assist in making appointments at the consulate, clarify information, provide forms etc...
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