What Are the Citizenship Requirements for Children Born Abroad to U.S. Citizens?

If you’re a U.S. citizen and your child was born in a foreign country, you may be wondering: is my child automatically a U.S. citizen, too? The answer is: it depends. While the U.S. has a rich history of recognizing the citizenship of children born abroad to U.S. parents, the specific requirements can get complex.

As an immigration law firm passionate about keeping families together, we want to shed light on this important issue. In this post, we’ll break down the key details of citizenship for children born abroad to help you understand your child’s status and your options.

The Basics of Birthright Citizenship

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 the State wherein they reside.” This establishes birthright citizenship – meaning that if your child was born on U.S. soil, they are automatically a U.S. citizen, regardless of the parents’ citizenship.

But what about children born outside the U.S. to American parents? The rules here are more nuanced.

Citizenship for Children Born Abroad

For a child born abroad to acquire U.S. citizenship at birth, at least one parent must be a U.S. citizen at the time of the child’s birth. The parent must also meet certain residency or physical presence requirements in the United States prior to the child’s birth.

The specific requirements depend on a few factors, including:

• Whether the parents were married at the time of birth
• Whether it’s the mother or father who is the U.S. citizen
• The applicable law in effect at the time of birth

Here are the general guidelines:

Children Born Abroad to Two U.S. Citizen Parents

A child born abroad to two U.S. citizen parents automatically acquires U.S. citizenship at birth if at least one of the parents previously resided in the U.S. or one of its outlying possessions. No specific length of residency is required.

Children Born Abroad to One U.S. Citizen Parent and One Foreign National Parent

For a child born to one U.S. citizen parent and one foreign national parent, the U.S. citizen parent must have been physically present in the U.S. for a period of at least 5 years prior to the child’s birth, at least 2 of which were after the age of 14.

Children Born Abroad Out of Wedlock to a U.S. Citizen Mother

A child born abroad out of wedlock to a U.S. citizen mother automatically acquires citizenship if the mother previously resided in the U.S. or one of its outlying possessions for a continuous period of at least 1 year.

Children Born Abroad Out of Wedlock to a U.S. Citizen Father

For a child born abroad out of wedlock to a U.S. citizen father, the father must meet the same physical presence requirements as a U.S. citizen parent in a married couple – 5 total years prior to the child’s birth, at least 2 of which were after the age of 14. Additionally:

• A blood relationship between the child and father must be established.
• The father must agree in writing to provide financial support for the child until they turn 18.
• Before the child’s 18th birthday, one of the following must occur: the child is legitimated under the law of their residence or domicile, the father acknowledges the child’s paternity under oath, or paternity is established by court order.

It’s important to note that these are the requirements as of the publication of this article in 2024. The laws surrounding citizenship acquisition can and do change over time. The applicable law is the one in effect at the time of the child’s birth.

So, for example, prior to November 14, 1986, a U.S. citizen parent had to meet different physical presence requirements – a total of 10 years, 5 of which were after the age of 14. The requirements have become less stringent in recent years.

Also, if the U.S. citizen parent spent time abroad in any of the following capacities, that time can be counted towards the physical presence requirement:

• Serving honorably in the U.S. Armed Forces
• Employed with the U.S. Government
• Employed with certain international organizations
• A dependent unmarried son or daughter who is a member of the U.S. citizen parent’s household

Proving and Documenting the Citizenship of Children Born Abroad

If your child was born abroad and meets the requirements for acquiring citizenship, your next step is to document that status with the U.S. government. You have a few options:

1. Apply for a Consular Report of Birth Abroad (CRBA) and/or a U.S. passport for your child at the nearest U.S. embassy or consulate. This should be done before the child’s 18th birthday.
2. Apply for a Certificate of Citizenship from U.S. Citizenship and Immigration Services (USCIS) using Form N-600. This can be done either abroad or after returning to the U.S.

To apply for either of these documents, you’ll need to submit evidence demonstrating the parent’s U.S. citizenship, the child’s relationship to the parent, and the parent’s prior physical presence in the U.S.

The complex laws surrounding citizenship for children born abroad can feel overwhelming – but we’re here to help. If you have questions about your specific situation or need assistance with the application process, please reach out to us.

At the Law Office of Lina Baroudi, we’re dedicated to helping binational families understand their rights and secure their children’s U.S. citizenship. Contact us today for a consultation. Your family and your child’s future are our top priority.