Children born abroad to a U.S. citizen parent(s) (under the age of 18) 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 residence or physical presence must have taken place prior to the birth of the child
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.
If you have been issued any of the following documents, you may immediately begin your application for your first U.S. passport. If you are no longer in possession of any of these documents, you must obtain a certified copy from the issuing authority.
- A U.S. Birth Certificate – for certified copies, please contact the state in which you were born. The National Center for Health Statistics maintains a list of states’ contact information for this purpose;
- A Consular Report of Birth Abroad (Form FS-240) – for certified copies, please contact the Passport Services Office at the Department of State;
- A Certification of Birth (Form FS-545 or DS-1350) – for certified copies, please contact the Passport Services Office at the Department of State;
- A U.S. Certificate of Citizenship – for certified copies, please contact the U.S. Citizenship and Immigration Services;
- A U.S. Naturalization Certificate – for certified copies, please contact the U.S. Citizenship and Immigration Services;
A passport of your U.S. citizen parent(s) in which you are included – for a copy of your parents’ passport records, please contact the Passport Services Office at the Department of State.
Once you are in possession of one of the listed documents, please see our instructions for applying for your first U.S. passport.
If you were born outside the United States, have not been previously documented as a U.S. citizen and are:
Child born in wedlock to two U.S. citizens
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)
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 a 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) at some point prior to the birth of the child. 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.
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.
A child born outside of the United States and out of wedlock to a 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.
