The acquisition of U.S. citizenship by birth outside the United States is governed by Federal statutes and is based on jus sanguinis, the right of blood. The laws on acquisition of U.S. citizenship through a U.S. citizen parent are based on the existence of a blood or gestational relationship between the child and at least one parent and vary depending on whether the applicant was born in wedlock or out-of-wedlock. The laws that apply to an applicant are determined by the law in effect at the time of applicant’s birth. Once the citizenship claim is established, the applicant qualifies for a first-time U.S. passport. Applicants 18 years old and over are not eligible for a Consular Report of Birth Abroad.
For an adult applicant to claim U.S. citizenship at birth, the applicant must fulfill all three of the following requirements:
1) Transmission – To transmit citizenship at birth, the U.S. citizen parent(s) must have been a U.S. citizen at the time of the applicant’s birth and have sufficient physical presence in the U.S. to transmit citizenship.
2) Legitimation and Support – The child/applicant must meet the legal requirements pertaining to legitimation. Legitimation is the giving, to a child born out of wedlock, of the legal status of a child born in wedlock, thus legitimacy is a legal status generally relevant primarily to the rights of the child in relation to their natural father.
- Legitimation is a concept that does not apply to U.S. citizen mothers.
- Children born in wedlock to parents married to each other are legitimate.
- Children born out of wedlock whose parents subsequently marry prior to the child’s 18th birthday are legitimate.
- Children born out of wedlock to a U.S. citizen father and a non-citizen mother in the Dominican Republic are considered legitimate under Dominican Republic law if both parents are identified on the child’s Acta Inextensa de Nacimiento.
- Legitimation may occur by court order.
If the applicant was born out of wedlock, before the applicant reached the age of 18, the U.S. citizen father (unless deceased before the applicant’s 18th birthday) must have agreed in writing and under oath to provide financial support for the applicant until the applicant reaches the age of 18 years old.
3) Filiation – The applicant must establish a biological and legal relationship with the claimed U.S. citizen parent.
The following is a brief description of the various circumstances under which a child born abroad may acquire U.S. citizenship at birth. 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 applicant’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) 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 possessions, 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 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.
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 and one non-U.S. citizen
A person born abroad in wedlock to a U.S. citizen and an alien acquires 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 prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)).
For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.
For birth between December 24, 1952, and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. In these cases, either the U.S. citizen parent or their alien spouse must have a genetic or gestational connection to the child for the U.S. parent to transmit U.S. citizenship to the child.
Options for Applicant Not Able to Acquire U.S. Citizenship at Birth.
A consular officer will inform you, verbally and in writing, of the decision regarding your application. 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.
