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Birth Abroad --Citizenship through a U.S. Citizen parent
Children of U.S. citizen parent(s) born outside of the U.S. can acquire citizenship either at birth under INA §301 & 309 or prior to reaching age 18 under INA §320. We are here to help you!
Children Born OUTSIDE the united states
How to Obtain Documentation of Such Status
If Born in Wedlock (Varies by Status of Other Parent)
Children Born Abroad Who Are Citizens At Birth
A person born abroad who acquires U.S. citizenship at birth is not required to file an Application for Certificate of Citizenship (Form N-600); however, if you want to have documentation of such status, you do need to submit this application to obtain a Certificate of Citizenship from USCIS. You may also apply for a U.S. passport with the Department of State to serve as evidence of U.S. citizenship.
A person who is at least 18 years of age may submit the N-600 Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child's U.S. citizen parent or legal guardian must submit the application.
USCIS will issue a proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance when required to do so.
Citizenship Interview and Waiver
In general, an applicant must appear in person for an interview before a USCIS officer after filing an Application for Certificate of Citizenship. This includes the U.S. citizen parent or legal guardian if the application is filed on behalf of a child under 18 years of age.
The USCIS, however, may waive the interview requirement if all the required documentation necessary for eligibility is already included in USCIS administrative records, or if the application is accompanied by one of the following:
- Consular Report of Birth Abroad (FS-240);
- Applicant’s unexpired U.S. passport issued initially for a full 5 or 10-year period; or
- Certificate of Naturalization of the applicant's parent or parents.
Approval of Application, Oath of Allegiance, and Waiver for Children under 14 Years of Age
If an officer approves the Application for Certificate of Citizenship, USCIS administers the Oath of Allegiance before issuing a Certificate of Citizenship. However, the Immigration and Nationality Act (INA) permits USCIS to waive the taking of the Oath of Allegiance if USCIS determines the person is unable to understand its meaning. USCIS has determined that children under the age of 14 are generally unable to understand the meaning of the oath. Accordingly, USCIS waives the oath requirement for a child younger than 14 years of age. If USCIS waives the oath requirement, USCIS issues a Certificate of Citizenship after the officer approves the application.
Children Born Abroad Who Are Citizens At Birth
If Born in Wedlock (Varies by Status of Other Parent)
Children Born Abroad Who Are Citizens At Birth
The law in effect at the time of birth determines whether someone born outside the United States or one of its outlying possessions) to a U.S. citizen parent (or parents) is a U.S. citizen at birth.
In general, citizenship is acquired at birth for those who have:
- At least one parent was a U.S. citizen, and
- One U.S. citizen parent had a residence in the U.S. (or one of its possessions) prior to the child's birth and this parent has been physically present in the U.S. (or one of its possessions) for the applicable continuous period (no minimum if both parents are U.S. Citizens but at least 1 year if other parent is a U.S. national or at least 5 years including at least 2 years after 14 years of age if the other parent is a foreign national.)
An officer should determine whether a person acquired citizenship at birth by referring to the applicable statutory provisions and conditions that existed at the time of the person’s birth. These provisions have been modified extensively over the years.
Until the Act of October 10, 1978, a person who had acquired U.S. citizenship through birth abroad to one U.S. citizen parent had to meet certain physical presence requirements to retain his or her citizenship. This 1978 legislation eliminated retention requirements for persons who were born after October 10, 1952. (There may be cases where a person who was born before that date, and therefore subject to the retention requirements, may have failed to retain citizenship.)
This qualifications on this page provide only the current law only so please speak with a qualified attorney regarding your individual case.
If Born in Wedlock (Varies by Status of Other Parent)
If Born in Wedlock (Varies by Status of Other Parent)
If Born in Wedlock (Varies by Status of Other Parent)
1. A Child of Two U.S. Citizen Parents
Acquires citizenship at birth if at the time of birth:
- Both of the child’s parents are U.S. citizens; and
- At least one parent had resided in the U.S. or an outlying possession.
2. A Child of U.S. Citizen Parent and U.S. National
Acquires citizenship at birth if at the time of birth:
- One parent is a U.S. citizen and the other parent is a U.S. national; and
- The U.S. citizen parent was *physically present in the U.S. or one of its outlying possessions for a continuous period of at least 1 year.
3. A Child of U.S. Citizen Parent and Foreign National Parent
Acquires citizenship at birth if at the time of birth:
- One parent is an foreign national and the other parent is a U.S. citizen; and
- The U.S. citizen parent was *physically present in the U.S. for at least 5 years, including at least 2 years after 14 years of age.
*Time abroad counts as physical presence in the U.S. if the time abroad was:
- As a member of the U.S. armed forces in honorable status;
- Under the employment of the U.S. government or other qualifying organizations; or
- As a dependent unmarried son or daughter of such persons.
4. Child of a U.S. Citizen Mother and Foreign National Father
Acquires citizenship at birth if at the time of birth:
- The child was born before noon EST May 24, 1934;
- The father is an foreign national;
- The mother was a U.S. citizen at the time of the child’s birth; and
- The child’s U.S. citizen mother resided in the U.S. prior to the child’s birth.
If Born Out of Wedlock & Claiming Through a USC Father
If Born Out of Wedlock & Claiming Through a USC Father
If Born Out of Wedlock & Claiming Through a USC Father
Children born out of wedlock claiming citizenship through a U.S. citizen father follow the general requirements as do children born in wedlock. This applies where:
- A blood relationship between the child and the father is established by clear and convincing evidence;
- The child’s father was a U.S. citizen at the time of the child’s birth;
- The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age (may be dated at any time before the child’s 18th birthday); AND
One of the following criteria is met before the child reaches 18 years of age:
- The child is legitimated under the law of his or her residence or domicile;
- The father acknowledges in writing and under oath the paternity of the child; or
- The paternity of the child is established by adjudication of a competent court.
In addition, the residence or physical presence requirements under INA §301 continue to apply to children born out of wedlock who claim citizenship through their fathers.
Some examples of financial support documents that the USCIS may consider include:
- A previously submitted Affidavit of Support (Form I-134 or I-864);
- Military Defense Enrollment Eligibility Reporting System (DEERS) enrollment;
- Written voluntary acknowledgement of a child in a jurisdiction where there is a legal requirement that the father provide financial support; [20]
- Documentation establishing paternity by a court or administrative agency with jurisdiction over the child’s personal status, if accompanied by evidence from the record of proceeding establishing the father initiated the paternity proceeding and the jurisdiction legally requires the father to provide financial support; or
- A petition by the father seeking child custody or visitation with the court of jurisdiction with an agreement to provide financial support and the jurisdiction legally requires the father to provide financial support.
If Born Out of Wedlock & Claiming Through a USC Mother
If Born Out of Wedlock & Claiming Through a USC Father
If Born Out of Wedlock & Claiming Through a USC Father
The rules that determine whether a child born out of wedlock outside of the United States derives citizenship at birth from his or her U.S. citizen mother vary depending on when the child was born.
Child Born On or After December 23, 1952 and Before June 12, 2017
A child born between December 23, 1952 and June 12, 2017 who is born out of wedlock outside of the United States and its outlying possessions acquires citizenship at birth if:
- The child’s mother was a U.S. citizen at the time of the child’s birth; and
- The child’s U.S. citizen mother was physically present in the U.S. or one of its outlying possessions for 1 continuous year prior to the child’s birth.
Child Born On or After June 12, 2017
A child born on or after June 12, 2017, who is born out of wedlock outside of the United States or one of its outlying possessions acquires citizenship at birth if:
- The child’s mother was a U.S. citizen at the time of the child’s birth; and
- The child’s U.S. citizen mother was physically present in the U.S. or one of its outlying possessions for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14).
Effect of Sessions v. Morales-Santana Decision -- The Equal Protection Act requires the same physical presence requirements for the mother as exists for the father.
Prior to the U.S. Supreme Court’s decision in Sessions v. Morales-Santana, the physical presence requirements for children born out of wedlock were different for a child acquiring citizenship through a U.S. citizen mother than for those acquiring through a U.S. citizen father. An unwed U.S. citizen mother could transmit citizenship to her child if the mother was physically present in the U.S. for 1 continuous year prior to the child's birth. An unwed U.S. citizen father, by contrast, was held to the longer physical presence requirement of 5 years (at least 2 years of which were after age 14) in the U.S. or one of its outlying possessions.
On June 12, 2017, the U.S. Supreme Court held, in Sessions v. Morales-Santana, that the different physical presence requirements for an unwed U.S. citizen father and an unwed U.S. citizen mother violated the U.S. Constitution’s Equal Protection Clause. The U.S. Supreme Court indicated that the 5 years of physical presence (at least 2 years of which were after age 14) requirement should apply prospectively to all cases involving a child born out of wedlock outside the United States to one U.S. citizen parent and one foreign national parent, regardless of the gender of the parent.
The U.S. Supreme Court decision effectively eliminated, prospectively, the 1-year continuous physical presence requirement that previously applied to unwed U.S. citizen mothers, and replaced it with the higher physical presence requirement that previously applied to unwed U.S. citizen fathers. After Sessions v. Morales-Santana, the 1-year continuous physical presence requirement remains in effect only for those children born prior to June 12, 2017 outside of the United States to unwed U.S. citizen mothers.
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