I Am a Child of a U.S. Citizen

U.S. legislation determines whether a child born outside the United States to a U.S. citizen parent (or parents) is a U.S. citizen at birth and when such children born abroad may become U.S. citizens after birth. 

There are two general ways to obtain citizenship through U.S. citizen parents: at birth, and after birth but before the age of 18. 

Acquisition of citizenship applies to children born outside the United States. At least one parent must be a U.S. citizen, and the U.S. citizen parent had lived in the United States for a specific period of time.

1. Children of U.S. Citizens who were born outside the U.S. but now live in the U.S. 

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been 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 s a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. sitizen parent.

For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens.

To apply for a Certificate of Citizenship under INA 320, a Form N-600, Application for Certificate of Citizenship must be filed out. 

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

A child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been 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’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;
• The child is under 18 years of age;
• The child is residing outside of 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; and
• 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.

3. Children of U.S. Citizens Born Outside the United States and have never traveled to the USA.

When a child was born abroad to a U.S. citizen parent or parents and they meet the requirements for transmitting citizenship under the Immigration and Nationality Act (INA), the US parent or parents may apply for a Consular Report of Birth Abroad (CRBA) to legally transfer the US citizenship to their child. 

CRBA is a formal document certifying the acquisition of United States citizenship at birth for a person born abroad to a U.S. citizen parent or parents.

Since the birth occurred outside the United States, the citizenship acquisition process is handled by the U.S. Embassy or Consular office usually in the country of birth. 

It's important to understand that if a child is eligible for US citizenship — whether by birth or through other means — but their parents haven't pursued the necessary steps, the child won't be granted a visa to travel to the U.S. U.S. visas are not available to US citizens, even if  their citizenship hasn't been formally recognized. Consequently, a child born overseas who could be a U.S. citizen must apply for a Consular Report of Birth Abroad (CRBA) in order to acquire US citizenship and possibly apply for a US passport.

The appropriate selection of documents is crucial when applying for a Consular Report of Birth Abroad (CRBA), as it depends on various factors such as whether one or both parents are U.S. citizens, whether the child was born in wedlock, and whether the mother or father is the American citizen, among other personal circumstances. 

We can assist you with the right paperwork based on your specific situation and guide you through the application process at the relevant consulate abroad.