Born In America: Citizenship By Birthright Law

The Fourteenth Amendment to the United States Constitution states that All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This means that anyone born in the United States is a US citizen, unless they are the child of foreign diplomats or their parents are foreign nationals.

Additionally, a person born outside the United States may also be a US citizen at birth if at least one parent is a US citizen and has lived in the country for a specified period.

Children born in the US to US citizens

Acquisition of Citizenship at Birth

A person born in the US who is subject to the jurisdiction of the US is a US citizen at birth, including children born to members of an Indian, Eskimo, Aleutian, or other aboriginal tribe.

Acquisition of Citizenship Outside the US

A person born outside the US may acquire citizenship at birth if:

• They are the child of a US citizen parent(s)
• The US citizen parent meets certain residence or physical presence requirements in the US or an outlying possession before the person's birth
• The person meets all other applicable requirements under either the Immigration and Nationality Act (INA) 301 or 309

Child Born in Wedlock

US Citizenship and Immigration Services (USCIS) must determine whether a child is born in wedlock or out of wedlock at the time of birth in order to determine which citizenship provision is applicable.

USCIS considers a child to be born in wedlock when the legal parents are married to one another at the time of the child's birth and at least one of the legal parents has a genetic or gestational relationship to the child.

Child Born Out of Wedlock

The general requirements for acquisition of citizenship at birth for a child born in wedlock also apply to a child born out of wedlock outside of the US (or one of its outlying possessions) who claims citizenship through a US citizen father. Specifically, the provisions apply in cases where:

• A blood relationship between the child and the father is established by clear and convincing evidence
• The child's father was a US citizen at the time of the child's birth
• The child's father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age
• One of the following criteria is met before the child reaches 18 years of age:
• The child is legitimated under the law of their residence or domicile
• The father acknowledges in writing and under oath the paternity of the child
• The paternity of the child is established by adjudication of a competent court

Children born in US territories

The 14th Amendment to the US Constitution, ratified in 1868, grants citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof". This is known as birthright citizenship, and it applies to children born in US territories, including Puerto Rico, Guam, the Northern Mariana Islands, and the US Virgin Islands.

The Amendment was introduced in 1866, in the aftermath of the Civil War and the Abolitionist Movement, and was aimed at securing the rights of newly freed slaves. It overrode the Dred Scott v. Sandford decision of 1857, which held that African Americans could not be American citizens, whether enslaved or free.

The Amendment's Citizenship Clause has been interpreted by the Supreme Court, most notably in the 1898 case of United States v. Wong Kim Ark. The Court affirmed the principle of jus soli, or "right of the soil", holding that anyone born on American soil is subject to US jurisdiction and thus an American citizen. This interpretation has been foundational in American citizenship law, and it continues to be a pivotal element in debates on immigration and birthright citizenship.

Children born to US citizens outside the US

The United States grants citizenship to children born outside of the country to U.S. citizens under certain conditions. The Child Citizenship Act of 2001 simplified the process of granting citizenship to the foreign-born children of American citizens.

In-Wedlock Births

If a child is born to two U.S. citizen parents, they will obtain citizenship if:

• At least one parent resides in the United States or its territories before the child's birth.
• At least one parent has a genetic or gestational connection to the child.
• Both parents in the marriage show a parental relationship to the child. This can be demonstrated through medical, tax, educational, or other documents that show the individual has acted in a parental role.

If a child is born to a U.S. citizen parent and a U.S. national parent, they will obtain citizenship if:

• The U.S. citizen parent resided in the United States or its territories for a continuous period of one year at any time before the child's birth.
• At least one of the parents has a genetic or gestational connection to the child.
• Both parents in the marriage show a parental relationship with the child. This can be demonstrated through medical, tax, educational, or other documents that show the individual has acted in a parental role.

If a child is born to a U.S. citizen parent and a parent who is not a U.S. citizen or national, they will obtain citizenship if:

• The child was born on or after November 14, 1986, and the U.S. citizen parent was physically present in the United States or its territories for five years before the child's birth, with at least two of these years after the age of 14.
• The child was born between December 24, 1952, and November 13, 1986, and the U.S. citizen parent was physically present in the United States or its territories for ten years before the child's birth, with at least five of these years after the age of 14.
• At least one parent has a genetic or gestational connection to the child.
• Both parents in the marriage show a parental relationship with the child. This can be demonstrated through medical, tax, educational, or other documents that show the individual has acted in a parental role.

Out-of-Wedlock Births

If a child is born out of wedlock to two U.S. citizen parents, they will obtain citizenship if:

• The child was born on or after November 14, 1986.
• The U.S. citizen father has a blood relationship with the child established by evidence.
• The U.S. citizen father was a U.S. citizen at the time of the child's birth.
• The U.S. citizen father agreed in writing (unless deceased) to provide financial support for the child until the age of 18.
• While the child is under the age of 18, they are legitimated (e.g., parents' marriage certificate dated after birth or certified court order), the father acknowledges paternity of the child in writing under oath, or a competent court establishes the paternity of the child.
• At least one parent resided in the United States or its territories before the child's birth.

If a child is born out of wedlock to a U.S. citizen father, they will obtain citizenship if:

• The child was born on or after November 14, 1986.
• The U.S. citizen father has a blood relationship with the child established by evidence.
• The U.S. citizen father was a U.S. citizen at the time of the child's birth.
• The U.S. citizen father agreed in writing (unless deceased) to provide financial support for the child until the age of 18.
• While the child is under the age of 18, they are legitimated (e.g., parents' marriage certificate dated after birth or certified court order), the father acknowledges paternity of the child in writing under oath, or a competent court establishes the paternity of the child.
• The U.S. citizen father was physically present in the United States or its territories for five years before the child's birth, with at least two of these years after the age of 14.

If a child is born out of wedlock to a U.S. citizen mother, they will obtain citizenship if:

• The child was born between December 24, 1952, and June 11, 2017, and the mother was a U.S. citizen at the time of the child's birth and physically present in the United States or its territories for a continuous period of one year before the child's birth.
• The child was born on or after June 12, 2017, and the mother was a U.S. citizen at the time of the child's birth and physically present in the United States or its territories for a period of five years, with at least two of these years after the age of 14.

Children born outside the US to non-citizen parents

The United States grants citizenship to children born outside the country to non-citizen parents under a set of specific conditions.

If a child is born outside the US to married parents, where one parent is a US citizen and the other is a non-citizen, the child will be a US citizen if the citizen parent has lived in the US for a continuous period of at least one year before the child's birth. If the non-citizen parent is a US national, the citizen parent's residency requirement is waived.

If the non-citizen parent is not a US national, the citizen parent must have been "physically present" in the US for at least five years before the child's birth, and at least two of those years must have been after the citizen parent's fourteenth birthday.

If a child is born outside the US to unmarried parents, where one parent is a US citizen and the other is a non-citizen, the conditions are slightly different. If the US citizen parent is the mother, the child will be a US citizen if the mother has lived in the US for a continuous period of at least one year before the child's birth. If the US citizen parent is the father, the conditions are more stringent. The father must meet the "physical presence" conditions described above, and he must also take several additional actions:

• Unless deceased, he must agree to provide financial support while the child is under the age of 18 years.
• He must establish paternity by clear and convincing evidence, and while the person is under the age of 18 years, the person must be legitimated under the law of their residence or domicile, the father must acknowledge paternity of the person in writing under oath, or the paternity of the person must be established by adjudication of a competent court.

It is important to note that the above conditions may vary depending on when the child was born, as the laws have changed over time.

In all cases, the child must be under the age of 18 to be eligible for citizenship.

Children born to non-citizen parents in the US

Children born in the US to non-citizen parents may be US citizens at birth, depending on several factors. These include the citizenship status of the parents, whether the parents are married, and whether the parents have met certain residency requirements. This response will outline the conditions under which a child born in the US to non-citizen parents may acquire US citizenship.

Citizenship at Birth in the United States

Almost all children born in the US are US citizens from the moment of birth. This includes the lower 48 states, Alaska, Hawaii, Puerto Rico, the US Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands.

However, there are some exceptions. Children born in the US to foreign parents with diplomatic status ("diplomatic children") are not automatically US citizens. Instead, they are considered citizens and nationals of the foreign country represented by their parents and share their parents' diplomatic visa status. Diplomatic children can become US citizens if their parents file an application to affirmatively elect for US laws to apply to the child.

Additionally, children born in US "outlying possessions," such as American Samoa, Swains Island, and the "US Minor Outlying Islands," are US nationals but not citizens. Non-citizen US nationals have many of the same rights as citizens, such as the right to live and work in the US, but they cannot vote in federal elections.

Citizenship at Birth to US Citizen Parents

Children born abroad to US citizen parents may acquire US citizenship at birth if certain conditions are met. The specific conditions depend on whether the parents are married and whether one or both are US citizens.

Children Born Abroad to Married Parents

If both parents are US citizens, their child is a US citizen if at least one parent resided in the US or an outlying possession before the child's birth abroad.

If only one parent is a US citizen, and the other is a US national (but not a citizen), the child is a US citizen if the citizen parent resided in the US for a continuous year or more before the child's birth abroad.

If one parent is a foreign national and the other is a US citizen, the child is a US citizen if the citizen parent was physically present in the US or its outlying possessions for at least five years, two of which were after the citizen parent turned 14 years old.

Children Born Abroad to Unmarried Parents

For children born abroad to unmarried parents, the conditions for acquiring US citizenship depend on whether the US citizen parent is the mother or the father.

Children Born Abroad to Unmarried US Citizen Mothers

If the US citizen parent is the mother, the child is a US citizen if the mother was physically present in the US or an outlying possession for any continuous period of 12 months before the child's birth abroad.

Children Born Abroad to Unmarried US Citizen Fathers

If the US citizen parent is the father, the conditions for the child to acquire US citizenship are more stringent. In addition to the father being physically present in the US or its outlying possessions for at least five years, two of which were after the father turned 14, the following conditions must be met:

• The father was a US citizen at the time of the child's birth.
• A blood relationship between the father and child has been established.
• The father has agreed in writing to support the child until the age of 18.
• Before the child turned 18:
• The child was legitimated by the father.
• The father acknowledged paternity in writing and under oath.
• Paternity was established by a court adjudication.

Acquisition under the Child Citizenship Act of 2000

The Child Citizenship Act of 2000 provides another route to US citizenship for children born abroad to US citizen parents. Under this Act, a child born abroad acquires US citizenship automatically if the following conditions are met:

• At least one parent is a US citizen.
• The child is residing in the US in the legal and physical custody of the citizen parent.
• The child has been lawfully admitted as a permanent resident.
• The child is under 18 years old.

In conclusion, a child born in the US to non-citizen parents may acquire US citizenship at birth depending on various factors, including the citizenship status of the parents, their marital status, and whether the citizen parent(s) have met certain residency requirements.

Frequently asked questions