U.S.-citizen assignees abroad: CRBA or N-600K for children born overseas

Global mobility programmes plan carefully for foreign employees coming to the United States and much less for U.S. citizens going the other way. When an assignee has a child abroad, the child’s citizenship can depend on how long the parent lived in the United States before the assignment.

Citizenship at birth

A child born abroad to one U.S.-citizen parent and one non-citizen parent acquires citizenship at birth under 8 U.S.C. § 1401(g) if, before the birth, the citizen parent was physically present in the United States for periods totalling at least five years, at least two of them after the age of fourteen. The statute counts certain time abroad as if spent in the United States, namely honourable military service and employment with the U.S. government or certain international organisations. A private-sector assignment is not in that list.

Where the test is met, the usual document is a Consular Report of Birth Abroad, applied for at the embassy or consulate; the Department of State explains the process on its birth abroad page.

When the parent falls short

An assignee who moved abroad young, or has spent many years overseas, may not meet the five-year test. The child may then qualify through 8 U.S.C. § 1433, using Form N-600K: the child must be under eighteen, residing abroad in the legal and physical custody of the citizen parent, and temporarily present in the United States after a lawful admission; and the citizen parent, or that parent's own citizen parent, must meet the physical presence requirement. N600K.com explains how physical presence is proved and the difference between the § 322 and § 320 routes.

Why the employer should care

The N-600K requires an interview and oath in the United States, which means travel, a visa for the child, and time away from the assignment. It must be completed before the child turns eighteen; N600K.com covers the age-out risk, the interview trip and processing times, and its main guide sets out the process. Delay near the eighteenth birthday is the situation Mandamus.com addresses on N-600K mandamus.

What to add to the assignment process

• Ask U.S.-citizen assignees, before departure, whether they have family plans and whether they meet the five-year test. Most will not know the rule.
• Keep records that prove past U.S. presence; the N-600K document checklist and the comparison of N-600K and N-600 show what is needed.
• Build home-leave timing around any interview, as the travel policy does for visa renewals.
• Treat a child's visa for the trip as another consular application exposed to administrative processing.
• Keep dated records of every step, on the model of the evidence file. N600K.com also answers frequent questions.

Questions

Do years on a private-sector assignment abroad count toward the five years?

No. The statute counts only specified time abroad, such as military service and employment with the U.S. government or certain international organisations.

What if the child is already approaching eighteen?

The N-600K process must be completed before the eighteenth birthday. Seek advice immediately and plan the U.S. trip around the interview.

Is a CRBA the same as a certificate of citizenship?

No. A CRBA documents citizenship acquired at birth abroad; the N-600K leads to a certificate of citizenship for a child who qualifies under § 1433.

General information, not legal advice. Rules and processing practice change; verify against the agency's own published figures and take advice on your own facts.