Immigrants & Immigration

You can obtain US citizenship through your genetic or gestational parents, even if you were born outside the US, as long as you and your parents meet certain requirements. Generally, a person born outside of the United States may acquire citizenship at birth if:

• The person has at least one parent who is a US citizen; and 
• The US citizen parent meets the residence or physical presence requirements in the United States or US territory before the person’s birth in accordance with the applicable laws present when the person was born. These laws have changed over the years.  

There are different rules for children born in and out of "wedlock." There are also different rules for if the child is inside or outside the US.  Even the term “in wedlock” has a specific meaning and requirements for immigration law. Talk to a lawyer Someone who represents clients in courts or who gives legal advice if at least one of your parents was a US Citizen when you were born. The following outlines the current law.

Child born in wedlock

Child of 2 US citizen parents

A child born outside of the United States acquires citizenship at birth if:

• Both of the child’s parents are US citizens; and
• At least one parent had resided in the United States before the child is born.
• At least one of the US citizen parents has a genetic or gestational connection to the child.

Child of US citizen parent and foreign national parent

A child born outside of the United States acquires citizenship at birth if: 

• One parent is a foreign national and the other parent is a US citizen (by birth or naturalization); and
• The US citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

The US citizen parent’s time abroad counts as physical presence in the United States if the time abroad was:

• As a member of the US armed forces in honorable status;
• Under the employment of the US government or other qualifying organizations; or
• As a dependent A person who relies on another for support, such as a child or person with a disability unmarried son or daughter of such persons.

Child born out of wedlock

Child of a US citizen father

A person born abroad out of wedlock on or after November 14, 1986 to a US citizen father can acquire US citizenship if:

• A blood relationship between the child and the father is established by clear and convincing evidence Anything used to show that something is true ;
• The child’s father was a US citizen at the time of the child’s birth;
• The child’s father, unless deceased, has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and
• One of the following criteria is met before the child reaches 18 years of age:
  • The child is legitimated under the law of his or her residence or domicile;
  • The father acknowledges in writing and under oath the paternity of the child; or
  • The paternity of the child is established by adjudication A formal court decision of a competent court.

The residence or physical presence requirements for the US citizen parent still applies. The US citizen father must have been physically present in the US for 5 years prior to the person’s birth, including at least 2 years after the father turned 14. 

Child of a US citizen mother

A child born out of wedlock outside of the US to a US citizen mother gets citizenship by birth in certain situations. The requirement depends on how recent the birth was.

Before June 12, 2017

A child born after December 23, 1952 and before June 12, 2017 gets citizenship if their mother: 

• Was a US citizen at the time of the child’s birth; and
• Was physically present in the US for one continuous year prior to the child’s birth.

On or after June 12, 2017

A child born on or after June 12, 2017 gets citizenship if their mother:

• Was a U.S. citizen at the time of the child’s birth, and
• Was physically present in the US for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14)​.

Acquiring citizenship at birth if you were born abroad to 1 or 2 citizen parents

To be valid proof of your citizenship, your record of birth must have been registered with the US consulate or embassy.

You may also apply for a passport A document that lets a person travel outside the country to have your citizenship recognized.

If you need additional proof of your citizenship, you may file Form N-600, Application for Certificate of Citizenship with USCIS to get a Certificate of Citizenship.

If you meet the requirements for US citizenship by having a US citizen parent before your 18th birthday, you may obtain a passport or Certificate of Citizenship at any time, even after you turn 18.

Acquiring citizenship after birth 

Children of US citizens who did not become citizens at birth can still gain citizenship as long as certain requirements are met. The process to apply for citizenship can be complicated and it is helpful to talk to a lawyer.

US citizenship can pass from a US citizen parent to an adopted child.  A lawyer can help you make sure that the adoption When an adult becomes a child's legal parent is appropriately documented and is full and final, and can also assist with immigration paperwork. Learn more about US citizenship for adopted children.