Transmitting Citizenship

Children born abroad to a U.S. citizen parent(s) (under the age of 18) may have a claim to U.S. citizenship.

In order for a child/applicant to be documented as a U.S. citizen, all three of these essential requirements must be fulfilled:

  1. At least one parent having the nationality of the United States at the time of the child’s birth;
  2. The existence of a blood relationship between the child and U.S. citizen parent(s);
  3. Documentary evidence demonstrating the U.S. citizen parent(s)’ physical presence in the United States prior to the child’s birth.

The following is a brief description of the various circumstances under which a child born abroad may acquire U.S. citizenship.  For further information please select the description below that best fits your family circumstances.

NOTE:  All periods of residence or physical presence must have taken place prior to the birth of the child.

A child born outside of the United States or its outlying possessions to two U.S. citizen parents, in wedlock, is entitled to citizenship, provided one of the parents had, prior to the birth of the child, been resident in the United States or one of its outlying possessions. (No specific period of time is required.)  NOTE:  A child born to two U.S. citizens, out of wedlock should refer to number 3 or 4 below (whichever favorably applies)

A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen.

 

A child born outside of the United States and out of wedlock to a U.S. citizen mother may be entitled to U.S. citizenship providing the U.S. Citizen mother had been physically present in the United States for a continuous period of at least one year (365 days) at some time prior to the birth of the child. (NOTE: Periods spent overseas with the U.S. government/military or as a government/military dependent, are NOT considered as physical presence in the U.S. for transmission under this category).

A child born outside of the United States and out of wedlock to a U.S. Citizen father may be entitled to U.S. Citizenship providing the U.S. citizen father had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he reached the age of fourteen.  In addition the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until s/he reaches the age of 18 years.