A child born in the United States territory and subject to the United States jurisdiction is a citizen of the United States, regardless of which tribe he or she belongs to. However, what about people born outside of the United States?
This article will guide you about the queries regarding U.S. citizenship for people born abroad or in U.S. territories.
In general, a person born outside the United States can obtain citizenship at birth if all of the following conditions are met:
- The person is the child of a U.S. citizen parent(s).
- The U.S. citizen parent meets certain residence or physical presence requirements in the United States or an outlying possession before the person’s birth following the applicable provision.
- The person meets all other citizenship requirements according to the law.
If you were born in a US territory and have a birth certificate or even if you don’t have a birth certificate from your home country, you may be able to confirm your citizenship status with other documents.
In 1978, new legislation was done for immigrants and citizens to retain citizenship. According to the law, people born outside United States territory need to prove certain physical presence to claim U.S. citizenship.
Citizenship for people who were born Abroad by U.S. Citizen Parents
Following are certain conditions in which people who are born outside the United States are considered citizens of the United States:
- If both parents are U.S. citizens and at least one parent lived in the United States or an outlying possession before the kid’s birth abroad, then the baby is a U.S. citizen at birth (one parent had to live in the territory United States before 1941.)
- One parent is a US citizen who lived in the U.S. for a year or more before the child’s birth abroad, while the other is a national but not a U.S. citizen.
- One parent is a foreign person, while the other is a U.S. citizen who spent at least five years in the United States or its outlying possessions, in which two years must be after the 14 years of kid.
- For children born outside of the United States between 1986 and 1952, the U.S. citizen parent must have lived in the country for at least ten years, five of which must have occurred after the kid reached the age of 14.
- If one or both parents were U.S. citizens at the time of birth, a person born in the Panama Canal Zone on or after February 26, 1904, is a U.S. citizen.
- A person born in the Republic of Panama on or after February 26, 1904, is a U.S. citizen if one or both parents were U.S. citizens working for the U.S. government or the Panama Railroad Company at the time of birth.
If the child’s Mother is a United States citizen
- If the mother was physically present in the United States before the birth abroad or an outlying possession for any continuous period of 12 months, a person born abroad out of wedlock to a U.S. citizen mother is a citizen.
- The following children were born on American soil but were not considered citizens at the time of their birth:
- Children of diplomats who were born in the United States because these parents are expressly exempt from the application of some US laws, they must voluntarily choose for their kid to be subject to U.S. law. The child can become a lawful permanent resident if they apply. If they do nothing, the child is born a national and citizen of the foreign country represented by the parents, with diplomatic visa status to match.
- A person born in a United States outlying possession is a U.S. citizen if one parent is a U.S. citizen who lived in the territorial United States for a year or more before the child’s birth in the outlying U.S. possession.
- A child born overseas to parents who are both U.S. nationals but not citizens, and who had lived in the United States or an outlying possession before the child’s birth, gets U.S. citizenship at birth.
Become a Citizen through Birth in the U.S.
To become a citizen of the United States, you must be born in the country. People who are “born or naturalized” in the United States are citizens, according to the 14th Amendment to the Constitution. Children born in the United States are automatically citizens of the United States, regardless of their parents’ country or immigration status. Many people refer to this as “birthright citizenship.” As a result, if your child was born in the United States, his or her claim to citizenship is straightforward and may be proven by a birth certificate.
A child’s parents need to obtain an official birth certificate for their children who were born in the United States. A birth certificate can usually be obtained from the state’s Vital Records Office. Children born in the United States are citizens of the United States, and they are eligible to apply for an American passport. To apply for an American passport, the birth certificate serves as proof of U.S. citizenship. The easiest option for the child to reenter the nation afterward is to keep a valid passport.
U.S. Citizenship by Being Born in the United States
In most cases, any child born in the United States or one of its territories is automatically granted citizenship in the United States. The 14th Amendment to the United States Constitution protects this privilege, which states in Section 1: “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 live.”
Children born to diplomats and other recognized government employees from other nations, on the other hand, would not be eligible for U.S. citizenship if they were born on American territory (Title 8 of the U.S. Code). If you were born in the United States, your citizenship will last the rest of your life unless you take affirmative action.
Adult Children Born Abroad May Claim U.S. Citizenship through Parents
If you are the child of a U.S. citizen but born outside the United States many years ago, you can claim to citizenship through your parents. You can still claim citizenship if you were born to at least one U.S. citizen parent but are no longer a child. In other words, once you reach the age of 18, you can file for a ‘Certificate of Citizenship’ instead of a Consular Report of Birth Abroad. You’ll need to demonstrate confirmation of your parent’s U.S. citizenship as well as your link to them.
At least one parent has to be a U.S. citizen and meet certain physical presence requirements at the time of your birth. This is when things become a bit tricky. Over the years, the laws have changed multiple times. You may check your eligibility and request for certificate correction by using the service of citizen path.
References:
- https://www.usa.gov/become U.S. citizen
- https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3
- https://citizenpath.com/citizenship-through-parents/