How Children Born Abroad Can Acquire U.S. Citizenship at Birth

Acquiring U.S. citizenship at birth for children born abroad can be complex, influenced by factors such as the citizenship status of the parents, marital status, and the laws in effect at the time of the child’s birth. This comprehensive guide covers the different scenarios under which a child born abroad can acquire U.S. citizenship at birth.

Part 1: Child Born Abroad in Wedlock to Two U.S. Citizen Parents

Overview

A child born abroad in wedlock to two U.S. citizen parents acquires U.S. citizenship at birth under Section 301(c) of the Immigration and Nationality Act (INA). To meet the criteria, at least one parent must have had a residence in the United States or one of its outlying possessions before the child’s birth. Additionally, either the U.S. citizen parent(s) or their alien spouse must be a genetic or gestational parent of the child to transmit U.S. citizenship.

Key Requirements

1. Citizenship of Parents: Both parents must be U.S. citizens.
2. Residence in the U.S.: At least one parent must have resided in the U.S. or one of its outlying possessions.
3.  Genetic/Gestational Connection: There must be a genetic or gestational connection between the child and at least one U.S. citizen parent.

Example

Consider a child born in France to two U.S. citizen parents. If one parent lived in the U.S. for a period before moving abroad, the child would acquire U.S. citizenship at birth. The parents can then apply for a Certificate of Citizenship to document the child’s status.

Key Requirements

For children born on or after November 14, 1986:

• The U.S. citizen parent must have been physically present in the U.S. or its outlying possessions for at least five years before the child’s birth, with at least two of those years occurring after the parent was 14 years old.

For children born between December 24, 1952, and November 13, 1986:

• The U.S. citizen parent must have been physically present in the U.S. or its outlying possessions for at least ten years before the child’s birth, with at least five of those years occurring after the parent was 14 years old.

In all cases, either the U.S. citizen parent or their alien spouse must be a genetic or gestational parent of the child to transmit U.S. citizenship.

Example

A child born in Japan to a U.S. citizen father and a Japanese mother on January 1, 1990, would acquire U.S. citizenship at birth if the father had lived in the U.S. for at least five years, including two years after the age of 14. The parents can then apply for a Certificate of Citizenship for the child.

Part 2: Child Born Abroad in Wedlock to a U.S. Citizen and an Alien

Overview

A child born abroad in wedlock to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth if the U.S. citizen parent meets specific physical presence requirements prior to the child’s birth. These requirements vary depending on when the child was born.

Key Requirements

For children born on or after November 14, 1986:

• The U.S. citizen parent must have been physically present in the U.S. or its outlying possessions for at least five years before the child’s birth, with at least two of those years occurring after the parent was 14 years old.

For children born between December 24, 1952, and November 13, 1986:

• The U.S. citizen parent must have been physically present in the U.S. or its outlying possessions for at least ten years before the child’s birth, with at least five of those years occurring after the parent was 14 years old.

In all cases, either the U.S. citizen parent or their alien spouse must be a genetic or gestational parent of the child to transmit U.S. citizenship.

Example

A child born in Japan to a U.S. citizen father and a Japanese mother on January 1, 1990, would acquire U.S. citizenship at birth if the father had lived in the U.S. for at least five years, including two years after the age of 14. The parents can then apply for a Certificate of Citizenship for the child.

Part 3: Child Born Abroad Out-of-Wedlock to Two U.S. Citizen Parents

Overview

If a child is born abroad out-of-wedlock to two U.S. citizen parents, the child will acquire U.S. citizenship if certain conditions are met, primarily focusing on the residence of the parents in the U.S.

Key Requirements

For children born on or after November 14, 1986:

•  If the U.S. citizen father meets the criteria of the “new” INA 309(a), the child will acquire U.S. citizenship under INA 301(c).
• Alternatively, if the father does not meet the criteria, the child will acquire U.S. citizenship if the U.S. citizen mother was physically present in the U.S. or its outlying possessions for a continuous period of one year before the child’s birth.

Example

A child born in Germany to two U.S. citizen parents who were not married at the time of birth will acquire U.S. citizenship if the mother had lived in the U.S. continuously for one year before the child was born.

Part 4: Child Born Abroad Out-of-Wedlock to a U.S. Citizen Father and an Alien Mother

Overview

A child born abroad out-of-wedlock to a U.S. citizen father and an alien mother may acquire U.S. citizenship if specific conditions related to paternity and physical presence are met.

Key Requirements

For children born on or after November 14, 1986: 

• A clear and convincing blood relationship between the child and the father.
• The father was a U.S. citizen at the time of the child’s birth.
• The father has agreed in writing to provide financial support until the child turns 18.
• The child is legitimated, or the father acknowledges paternity in writing under oath, or paternity is established by a competent court.
• The U.S. citizen father was physically present in the U.S. for five years before the child’s birth, including two years after turning 14.

Example

A child born in Mexico to a U.S. citizen father and a Mexican mother will acquire U.S. citizenship if the father acknowledges paternity, agrees to support the child financially, and meets the physical presence requirement.

Part 5: Child Born Abroad Out-of-Wedlock to a U.S. Citizen Mother and an Alien Father

Overview

The rules for acquiring U.S. citizenship at birth for children born out-of-wedlock to a U.S. citizen mother and an alien father have changed over time.

Key Requirements

For children born between December 24, 1952, and June 11, 2017:

• The U.S. citizen mother must have been physically present in the U.S. or its outlying possessions for a continuous period of one year before the child’s birth.

For children born on or after June 12, 2017:

• The U.S. citizen mother must have been physically present in the U.S. or its outlying possessions for five years before the child’s birth, with at least two of those years after turning 14.

Example

A child born in Canada to a U.S. citizen mother and a Canadian father on July 1, 2018, will acquire U.S. citizenship if the mother had lived in the U.S. for five years, including two years after turning 14.

Call SG Legal Group Today For An Immigration Attorney

Acquiring U.S. citizenship at birth for children born abroad involves meeting specific requirements based on the citizenship status of the parents, their physical presence in the U.S., and the child’s birth circumstances. Understanding these requirements is crucial for parents seeking to secure U.S. citizenship for their children. If you need assistance navigating this process, SG Legal Group is here to help. Our experienced immigration attorneys can provide the guidance and support you need to ensure a smooth and successful application. Contact us today for more information.