Do you have any children?

When the USCIS officer asks whether the applicant has any children, the applicant should respond with all children, including biological, adopted, and stepchildren, regardless of where they live, whether they are minors or adults, whether they are U.S. citizens, and whether they live with the applicant. The N-400 application requires this information in Part 7. For each child, the applicant must provide the full legal name, date of birth, country of birth, country of citizenship, current address, current immigration status (if not a U.S. citizen), and Alien Number if applicable.

There are several reasons USCIS asks about children. First, children are part of the applicant's family unit and bear on legal and financial obligations. Second, applicants with U.S. citizen children may benefit those children indirectly through the applicant's citizenship. Third, applicants who have legal child support obligations must be current on those obligations as part of the good moral character requirement. Fourth, applicants whose children might benefit from derivative citizenship should know their rights.

Under section 320 of the Immigration and Nationality Act, biological or adopted children of U.S. citizens automatically acquire citizenship if they are under 18, are lawful permanent residents, and are residing in the United States in the legal and physical custody of the citizen parent. Applicants whose biological or adopted children are present in the United States as permanent residents and under 18 should bring birth certificates, adoption decrees, and the children's green cards to the interview. Once the applicant naturalizes, the children may automatically derive citizenship without filing additional applications, although Form N-600 can be filed to document the derived citizenship and obtain a Certificate of Citizenship. Stepchildren do not automatically derive citizenship through a stepparent's naturalization.

Applicants with court-ordered child support obligations (for children currently in the custody of another parent or guardian, perhaps in another country) must be current on those obligations. Failure to provide reasonable support to dependent children is a basis for finding lack of good moral character under section 101(f)(7) of the Immigration and Nationality Act. Applicants should bring evidence of regular child support payments, court orders, and any documentation of the children's circumstances.

Applicants whose children live in another country should have a clear narrative about why and how that arrangement works. Applicants who have children from prior relationships should disclose all of them, even if the relationship with the child or the other parent is now strained or estranged. Applicants who have given up children for adoption should disclose the adoption. Honesty matters more than appearances.