Introduction

Persons born within the United States, on federally recognized tribal lands, and in designated territories generally are U.S. citizens at birth, regardless of the citizenship or immigration status of their parents.¹ These include persons born to members of Native American tribes and those born in certain U.S. territories (currently, Puerto Rico,² the U.S. Virgin Islands,³ Guam,⁴ and the Commonwealth of the Northern Mariana Islands⁵).⁶

Children⁷ born to a U.S. citizen parent(s) outside the United States, federally recognized tribal lands, and the territories may acquire U.S. citizenship through their parent(s) either at birth or after birth and before age 18 under provisions enumerated in Title 3 of the Immigration and Nationality Act (INA) as shown in Figure 1. In 2020, approximately 3.2 million U.S. citizens who were born abroad to American parent(s) resided in the United States.⁸

Figure 1. Overview of INA Citizenship Provisions for Children Born Abroad

Source: CRS analysis of the INA.

Child citizenship laws have changed over time. The applicable laws for an individual are generally those that were in place at the time of his or her birth. The laws described in this report are those in place as of the cover date of this report.⁹

Citizenship Acquired at Birth

Citizenship acquisition for children born outside the United States relies on having one or more U.S. citizen parent(s) who meet specified U.S. residence and physical presence requirements at the time of the child's birth.

The INA defines residence as "the place of general abode of a person," meaning the person's "principal, actual dwelling place in fact, without regard to intent."¹⁰ Physical presence is time a person has spent in the United States, regardless of whether they had a U.S. residence during that period.¹¹ For children's citizenship acquisition, residence, and physical presence requirements vary depending on whether one or both parents are U.S. citizens.

INA Section 301 generally contains three provisions for U.S. citizenship acquisition at birth for children born abroad, respectively pertaining to

• 1. children born to two U.S. citizens,
• 2. children born to one U.S. citizen and one alien (someone who is a not a citizen or a national of the United States),¹² and
• 3. children born to one U.S. citizen and one U.S. national.

U.S. nationals are persons who owe permanent allegiance to the United States.¹³ Most U.S. nationals are also U.S. citizens, but persons born in outlying possessions (American Samoa and Swains Island)¹⁴ are generally considered noncitizen U.S. nationals.¹⁵

Children Born to Two U.S. Citizen Parents

Under INA Section 301(c), a child born outside the United States and its outlying possessions (American Samoa and Swains Island)¹⁶ to two U.S. citizen parents is a U.S. citizen at birth if at least one of the parents has had a residence in the United States or one of its outlying possessions prior to the child's birth.

Children Born to One U.S. Citizen Parent and One Alien Parent

Under INA Section 301(g), a child born to one U.S. citizen parent and one alien parent acquires citizenship automatically at birth if the U.S. citizen parent was physically present in the United States or one of its outlying possessions for a total of five years prior to the child's birth, including at least two years of physical presence after the parent's 14^th birthday (the five years are not required to be continuous).

Time spent abroad during periods of honorable service with the Armed Forces and employment with the U.S. government or an international organization¹⁷ may count toward the physical presence requirement.¹⁸

The INA makes certain distinctions for children born out-of-wedlock to one U.S. citizen parent. Per U.S. Citizenship and Immigration Services (USCIS),¹⁹ a child is born in wedlock "when the child's legal parents are married to one another at the time of the child's birth and at least one of the legal parents has a genetic or gestational relationship to the child."²⁰ Otherwise, the child is considered to be born out-of-wedlock.

In the case of children born out-of-wedlock to a U.S. citizen mother,²¹ INA Section 301(g) provisions apply.²² Children born out-of-wedlock to a U.S. citizen father may acquire citizenship under INA Section 301(g), but the following additional requirements apply, as specified at INA Section 309:

• "clear and convincing evidence" of a blood relationship between the child and father;
• a written agreement by the father (unless deceased) to provide financial support for the child until the child is 18; and
• before the child turns 18, paternity is acknowledged in writing under oath or established in court, or the child is legitimated under the law of his or her residence or domicile.

Children Born to One U.S. Citizen Parent and One U.S. National Parent

Under INA Section 301(d), children born to one U.S. citizen parent and one noncitizen U.S. national parent acquire citizenship automatically at birth if the U.S. citizen parent was physically present in the United States or one of its outlying possessions for a continuous period of at least one year prior to the child's birth. Children born in outlying possessions of the United States to parents who are noncitizen nationals are considered U.S. nationals but not U.S. citizens (INA §308).

Documenting Citizenship at Birth

The U.S. Department of State (DOS) instructs U.S. citizen parents to report a child's birth abroad at the nearest U.S. embassy or consulate as soon as possible and to file for a Consular Report of Birth Abroad (CRBA) with required documentation.²³ The CRBA is an official record documenting that a child was a U.S. citizen at birth and may be used to obtain a U.S. passport. Parents may apply for a CRBA by filling out Form DS-2029. There is a $100 fee. In the case of a child born out-of-wedlock to a U.S. citizen father, the father must also file an Affidavit of Physical Presence or Residence, Parentage, and Support (Form DS-5507).

Citizenship Acquired After Birth and Before Age 18²⁴

Other children born abroad may not qualify for citizenship at the time of their birth but may qualify before reaching age 18—for example, if a child's lawful permanent resident (LPR) parent naturalizes and becomes a U.S. citizen. Unlike adults, children may not independently apply to naturalize; naturalization applicants generally must be at least 18 years old.²⁵ The applicable INA provision depends on whether the child is residing in or outside the United States.

Children Residing in the United States

Under INA Section 320, if a child is residing permanently in the United States, he or she acquires citizenship automatically if at least one parent (including an adoptive parent) is a U.S. citizen by birth or naturalization. The child must be an LPR and in the legal and physical custody²⁶ of their U.S. citizen parent. For adopted children, the adoption process must be legally complete and recognized by the U.S. state/territory in which the child is residing.

For purposes of INA Section 320, a child is considered to be residing in the United States if he or she is in the custody of a U.S. citizen parent who is

• stationed and residing abroad as a member of the U.S. Armed Forces;
• stationed and residing abroad as an employee of the U.S. government; or
• residing outside the United States and is married to a U.S. Armed Forces member or government employee stationed outside the United States.²⁷

Children Residing Outside the United States

Under INA Section 322, a child residing outside the United States may naturalize and acquire a Certificate of Citizenship if they have a U.S. citizen parent (by birth or naturalization) who has been physically present for at least five years in the United States, two of which must have been after the parent's 14^th birthday (includes time residing abroad as a member of the U.S. Armed Forces pursuant to official orders). The child must be residing in the legal and physical custody of their U.S. citizen parent, be temporarily present in the United States pursuant to a lawful admission, and remain in lawful status. Typically, the citizenship process must take place in the United States (e.g., while the child is present on a visitor visa).

Children authorized to accompany U.S. servicemember parents abroad, however, are not required to be present in the United States pursuant to a lawful admission to obtain citizenship. They must be authorized to accompany the servicemember and reside abroad with them pursuant to the member's official orders.

Section 322 also accommodates children whose parents are deceased. For example, if the U.S. citizen parent has died within the last five years, the child's U.S. citizen grandparent or legal guardian may apply for a Certificate of Citizenship on the child's behalf.

Documenting Citizenship After Birth and Before Age 18

Children who obtain U.S. citizenship automatically under INA Section 320 may apply for a U.S. passport with DOS.²⁸ They are not required to apply for a Certificate of Citizenship. However, they may elect to do so to document their citizenship by filing form N-600 with USCIS.²⁹ Children residing abroad who obtain citizenship under INA Section 322 must first obtain a Certificate of Citizenship by filing Form N-600K before applying for a passport.

Parents must submit N-600/N-600K applications for children under age 18; persons age 18 and older may file on their own behalf. Both applications have a $1,170 filing fee.³⁰ Applicants (including U.S. citizen parent(s) for children under 18) may be required to appear for an in-person interview with a USCIS officer; however, USCIS may waive the interview requirement. USCIS generally administers an Oath of Allegiance for children ages 14 and older and waives the oath for children under age 14.

Children residing outside the United States with a U.S. servicemember and applying to naturalize under INA Section 322 may complete the process abroad.³¹