Child born abroad to two U.S. citizens
A child born outside of the United States or its outlying possessions to parents, both of whom are citizens of the United States, 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.)
Child born abroad to one U.S. citizen parent and one non-U.S. citizen on or after November 14, 1986
A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he/she reached the age of fourteen. This period of physical presence* must have taken place prior to the birth of the child.
Child born abroad to one U.S. citizen parent and one non-U.S. citizen parent between December 24, 1952 and November 13, 1986
A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after he/she reached the age of fourteen.
Child born out of wedlock to a U.S. citizen mother
A child born outside of the United States and out of wedlock to a U.S. citizen mother is entitled to U.S. citizenship providing the U.S. citizen mother had been physically present in the United States for a continuous period of at least one year at some time prior to the birth of her child.
Child born out of wedlock to a U.S. citizen father
A child born outside of the United States to a U.S. citizen father where there is no marriage to the non-American mother is entitled to U.S. citizenship providing the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. citizen and one non-U.S. citizen parent, either before or after November 14, 1986; and the following is fulfilled:
- The father must sign a sworn statement agreeing to provide financial support for the child until he/she reaches the age of 18 years; and
- One of the following conditions is met:
- the father provides a written statement acknowledging paternity; or
- the child is legitimated under local law; or
- paternity is established by a competent court before the child attains the age of 18 years; and
- The alien mother must complete an “Affidavit to establish paternity of child” before a Consular Officer.
*Physical presence
This is the actual time when the parent was physically present in the United States, not simply as a resident. This means that any travel outside the United States, including vacation, should be excluded. If available, old passports must be submitted as evidence. If unavailable, other evidence may be required.
Note: Any periods of time spent overseas with the United States Military/Government etc. may be computed as physical presence in the United States for transmission of citizenship purposes. Time spent as a dependent of a United States Military/Government employee may also be computed as physical presence. Military records may be requested.
If parent does not meet requirements for transmission of citizenship to the child
If the child is not entitled to U.S. Citizenship and wishes to take up residence in the United States, he/she must obtain an immigrant visa unless he/she can qualify for naturalization as described in the paragraph below.
How to qualify for citizenship through the grandparents
Whether or not the child intends to reside in the United States, an alternative procedure now exists for becoming a U.S. citizen. If the child is under eighteen years of age and has a U.S. citizen grandparent who meets the physical presence requirements as specified above, the child may qualify for expeditious naturalization under the Immigration and Nationality Technical Corrections Act of 1994. Although not entitled to U.S. citizenship at birth, the child can through this procedure, become a U.S. citizen by naturalization without first having to take up residence in the United States. It is, however, necessary for the child to travel to the United States for the naturalization, and all applications and documentation must be submitted and approved beforehand. More information on citizenship through parents/grandparents is available at the USCIS website.