Born In America: Instant Us Citizenship Law

The 14th Amendment to the U.S. 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 U.S. is automatically granted citizenship, unless they are born to foreign diplomats or on foreign public ships. This is known as 'birthright citizenship' or 'jus soli' ('right of the soil').

Children born outside of the U.S. may also be citizens if they have at least one U.S. citizen parent, depending on the circumstances. This is known as 'jus sanguinis' ('right of blood').

Children of U.S. Citizens Residing in the United States

Children born outside the U.S. but now living in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization.
• The child is under 18 years of age.
• The child is a lawful permanent resident (LPR).
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

To apply for a Certificate of Citizenship under INA 320, see the Form N-600, Application for Certificate of Citizenship page and read the instructions carefully to ensure that you qualify.

Children of U.S. Citizens Residing Outside the United States

The Child Citizenship Act of 2000 (CCA) amended the Immigration and Nationality Act (INA) to cover foreign-born children who did not automatically acquire citizenship under INA 320 and who reside outside the United States with a U.S. citizen parent.

Eligibility for Citizenship

A child who regularly resides outside the United States may be eligible for naturalization if all of the following conditions are met:

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization.
• The child is under 18 years of age.
• The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased.
• The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.

Exceptions to Eligibility Requirements

There are certain exceptions to these requirements for children of U.S. citizens in the U.S. armed forces accompanying their parent outside the United States on official orders.

Application Process

A child's U.S. citizen parent typically files a Certificate of Citizenship application on the child's behalf. If the U.S. citizen parent has died, the child's U.S. citizen grandparent or legal guardian may file the application within five years of the parent's death.

Children born in U.S. Internal Waters and Territorial Sea

According to 8 FAM 301.1–4 ("Birth in U.S. Internal Waters and Territorial Sea"), a child born in U.S. internal waters or the territorial sea is a U.S. citizen by birth. This includes children born on foreign merchant ships or privately owned vessels in U.S. internal waters. However, children born on foreign warships, naval auxiliaries, and other vessels or aircraft owned or operated by a state and used for governmental non-commercial service are not considered U.S. citizens by birth.

The territorial sea of the United States extends to 12 nautical miles from the coastline. This was established by a Presidential Proclamation in 1988, which implemented the territorial-sea provision of the 1982 U.N. Convention on the Law of the Sea.

Children born in U.S. Airspace

The United States grants citizenship to anyone born in its territorial airspace or waters. This is known as 'jus soli' or the 'right of the soil'.

According to the U.S. State Department, a child born on a U.S.-registered aircraft outside of U.S. airspace does not acquire U.S. citizenship by reason of the place of birth. However, if the child would otherwise be stateless, the nationality of the aircraft itself may be applicable.

In the case of a child born on a U.S.-registered aircraft within U.S. airspace, the child would be a U.S. citizen.

Children of Native Americans and Eskimos

The Indian Citizenship Act of 1924 granted citizenship to Native Americans born in the United States. This Act was passed in recognition of the fact that Native Americans had been excluded from citizenship by the "subject to the jurisdiction thereof" clause of the Fourteenth Amendment, which was introduced in 1868.

The Fourteenth Amendment states:

> "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."

The "subject to the jurisdiction thereof" clause excluded Native Americans living under tribal sovereignty. This was because Native Americans were considered to be "free and independent people", and therefore not under the jurisdiction of the United States.

The Indian Citizenship Act of 1924 was passed in recognition of the fact that Native Americans had been excluded from citizenship. It was also passed in recognition of the fact that Native Americans had fought for the United States in the First World War.

The Act states:

> "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all noncitizen Native Americans born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Native American to tribal or other property."

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