Do you qualify to transmit citizenship?
Children born abroad to a U.S. citizen parent(s) may have a claim to U.S. citizenship. 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 physical presence or residence in the U.S. must have taken place prior to the birth of the child.
Child born in wedlock to two U.S. citizens
A child born outside of the United States and in wedlock to a U.S. citizen mother and U.S. citizen father acquires U.S. citizenship at birth if one of the parents has been resident in the United States, or one of its outlying possessions, prior to the child’s birth.
NOTE: Meaning of “in wedlock”: A child is considered to be born in wedlock for the purpose of citizenship acquisition when the genetic and/or gestational parents are legally married to each other at the time of the child’s conception or birth, or within 300 days of termination of the marriage by death or divorce, and both parents are the legal parents of the child under local law at the time and place of birth.
Child born in wedlock to one U.S. citizen parent and one non-U.S. citizen parent
If the child was born on or after November 14, 1986:
A child born outside of the United States and in wedlock to a U.S. citizen parent and a non U.S. citizen parent, may acquire U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions for a period of five years, two of which were after the age of fourteen, prior to the birth of the child. The U.S. citizen parent must be the genetic or the gestational parent, and the legal parent of the child under local law at the time and place of the child’s birth.
If the child was born prior to November 14, 1986:
A child born outside of the United States and in wedlock to a U.S. citizen parent and a non U.S. citizen parent, may acquire U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions for a period of ten years, five of which were after the age of fourteen, prior to the birth of the child. The U.S. citizen parent must be the genetic or the gestational parent, and the legal parent of the child under local law at the time and place of the child’s birth.
Child born out of wedlock to an unmarried U.S. citizen mother
For children born on or before June 11, 2017: A child born outside of the United States and out of wedlock to a U.S. citizen mother may acquire U.S. citizenship if the mother was physically present in the United States or one of its outlying possessions for one continuous year (365 days) prior to the birth of the child.
For children born on or after June 12, 2017: A child born outside of the United States out of wedlock to a U.S. citizen mother may acquire U.S. citizenship at birth if the mother was physically present in the United States, or one of its outlying possession, for a period of five years, two of which were after the age of fourteen, prior to the birth of the child.
Child born out of wedlock to an unmarried U.S. citizen father
A child born outside of the United States and out of wedlock to a U.S. citizen father, may acquire U.S. citizenship if the father was a U.S. citizen at the time of the child’s birth and, if the father was physically present in the United States or one of its outlying possessions for five years, two of which were after 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 he/she reaches the age of 18 years old.
Options for Parent Not Able to Transmit U.S. Citizenship to Child
A consular officer will inform you, verbally and in writing, of the decision regarding your child’s application. If a parent is not able to transmit citizenship to the child, the child will be denied a Consular Report of Birth Abroad.
Children under 18, born to U.S. citizens who are not eligible for U.S. citizenship as described above may be eligible under the Child Citizenship Act of 2000. Further information is available from the Department of State’s website.
