Almost everyone born in the United States is a U.S. citizen. This core tenet of birthright citizenship was enshrined in the 14th Amendment to the U.S. Constitution (1868).
The second way to become a U.S. citizen at birth is to have at least one parent who is a U.S. citizen. This situation often comes up with children of active-duty military personnel. The citizen parent must have also completed certain residency requirements. Specific residency requirements depend on the citizenship status of both parents. For instance:
- One parent must have previously resided in the U.S. or outlying possessions prior to the child’s birth if both parents are U.S. citizens.
- The citizen parent must have previously resided in the U.S. or outlying possessions for at least one year if the other parent is a noncitizen national.
- The citizen parent must have previously resided in the U.S. or outlying possessions for at least five years, and at least two years after age 14, if the other parent is neither a U.S. citizen nor national.
- If the child’s mother was a U.S. citizen at the time of the child’s birth and had previously resided in the U.S., the child will become a U.S. citizen regardless of the father’s citizenship status.
However, those four rules only apply if the child’s parents are married. The rules are slightly different for children born out of wedlock. For example, a child born outside the U.S. to an unmarried citizen father may acquire U.S. citizenship if the blood relationship between child and father is established and the father agrees, in writing, to financially support the child until the child turns 18. The father must have resided in the U.S. for one year (or five years, in some cases). A U.S. court may also have to legally recognize paternity.
The rules for children born to a U.S. citizen mother and noncitizen father are quite similar to the requirements for children both in wedlock to one citizen parent. The U.S. citizen mother must have resided in the U.S. for one or five years, depending on the age of the child. A 2017 Supreme Court decision complicated the residency requirements for non-married U.S. citizens who give birth outside the U.S.
Conclusion
Children born outside the U.S. to at least one U.S. parent are typically able to become U.S. citizens. However, the requirements differ depending on the age of the child, the sex of the U.S. citizen parent, and the status of the noncitizen parent. Sometimes, the child might have to take an oath of allegiance to the U.S. and the parents might have to submit paperwork to the USCIS.
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