What happens when a US citizen has a child born abroad? Is the child also a US citizen? Does it matter whether both parents are US citizens? Does it matter if only one parent is a citizen?
The answer is… complicated. It all depends. Often it is possible for a US citizen to convey US citizenship to a child born outside of the US. However, a number of factors must be looked at: when the child was born, which parent (or whether
both) are citizens, and how long the US citizen has been in the United States before the child’s birth. The following are the standards for children recently born. For individuals born in the past, the requirements are different.
To see whether a particular person qualifies and is a US citizen, please contact a citizenship and nationality lawyer to review your case.
A Child Born Outside of United States to Parents who are both US Citizens?
Currently, if a child is born outside of the United States to parents, both of whom are US citizens, it is necessary for at least one of the parents to have resided in the United States before the birth of the child.
A Child Born Outside of the United States to Married Parents, one of whom is a US Citizen?
Currently, if a child is born outside of the US, and to a married couple, one of whom is a US citizen, it is necessary for the US citizen to have been in the United States for at least five years prior to the child’s birth. In addition, at least two of those years need to be after the U.S. citizen parent was 14 years old.
A Child Born Outside of Wedlock and Outside of the United States to a Mother who is a US Citizen?
Currently, a child who is born outside of the US to an unmarried U.S. citizen mother will qualify for U.S. citizenship if the mother was physically present in the United States for 12 continuous months prior to the child’s birth.
Child Born Outside of Wedlock and Outside of United States to a Father is a US Citizen?
Currently, to qualify, the US citizen father must have resided in the US for at least five years prior to the child’s birth. Further, two of those years must have been after age 14. In addition, it is necessary for the father to agree to certain conditions.
But How Do You Prove The Kids US Citizenship?
When a US citizen is born in the United States, a normal birth certificate suffices to show US citizenship. But a US citizen born overseas does not have the same easy way of showing US citizenship. Instead, it is necessary to get proof of citizenship from the US government. Most often, this means that a US citizen’s parents must obtain a Consular Report of a Birth Abroad.
To learn what is needed to obtain a Consular Report of a Birth Abroad, please contact a NYC citizenship lawyer.