U.S. Citizenship Through Parents
Citizenship Through Parents Explained
If my parent is a citizen, am I also a U.S. citizen?
There are various ways that foreign born individuals may obtain U.S. citizenship through parents. The Constitution and laws of the United States have established who is entitled to have United States citizenship, and for most American families, establishing that right for their children is a given. For others, especially those who are born abroad, there are important aspects of citizenship to keep in mind. Depending on the circumstances, there may be some complicated rules for claiming U.S. citizenship through parents. Accordingly, children may be able to obtain U.S. citizenship at the time of birth abroad or derive citizenship from parents after birth.
The following guide covers the various ways that a child may become a U.S. citizen through their parents. Even if that child is now an adult, there is generally a way to document citizenship status and get proof. However, waiting can be detrimental. Therefore, acquiring proof of U.S. citizenship through parents as soon as possible is important. If you were not born on U.S. soil, this guide addresses four scenarios:
Become a Citizen through Birth in the U.S.
What are the requirements?
The 14th Amendment to the Constitution establishes that people who are “born or naturalized” in the United States are citizens. Children who are born in the United States are entitled to United States citizenship, regardless of the nationality of their parents, or their immigration status. This is what many people call “birthright citizenship.” So if your child is born in the United States, the claim to citizenship is clear and can be established with a birth certificate.
It’s important for parents of children born in the United States to make sure they obtain an official birth certificate. In most states, you can get a birth certificate through the state’s Vital Records Office. Since children born in the United States are American citizens, they may also apply for an American passport. Again, the birth certificate is evidence of U.S. citizenship for the purposes of applying for the passport. Maintaining a valid passport is the easiest way for the child to reenter the country at a later date.
Born Abroad to a U.S. Citizen Parent
My parent(s) was already a U.S. citizen when I was born abroad AND I am still under 18.
You may already have U.S. citizenship through parents if your mother or father was a U.S. citizen at the time of your birth abroad. In most cases, a child in this situation acquires citizenship automatically. To claim it, you’ll need to show proof of your parent’s citizenship, U.S. residency, and your birth abroad.
Parents of a child born abroad should generally request a Consular Report of Birth Abroad (CRBA). It is a similar to a birth certificate, but it is also proof of a child's U.S. citizenship. See our step-by-step guide: How Parents Can Request a Consular Report of Birth Abroad for Children Born Abroad.
Even if you did not obtain a Consular Report of Birth Abroad immediately after your child’s birth, you may generally apply for one provided that the child continues to be under the age of 18. (Adult children may claim citizenship a different way.)
Children living abroad may also have an alternative path. In some cases, a U.S. citizen parent (or grandparent) can file Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322. This option allows a child under 18 to complete the process at a U.S. consulate, even if the family resides outside the United States.
Adults Born Abroad May Claim U.S. Citizenship through Parents
My parent(s) was already a U.S. citizen when I was born abroad AND I am now over 18.
If you are the child of a United States citizen, you may have a claim to citizenship through parents, even if you were born outside the United States many years ago. You're not eligible to apply for a Consular Report of Birth Abroad once you've reached the age of 18, but you may apply for a Certificate of Citizenship. However, you must verify your eligibility as the laws have changed over the years.
Requirements
At the time of your birth, at least one parent had to be a citizen and meet certain physical presence requirements. If you were born abroad to two U.S. citizens and at least one of your parents lived in the United States at some point in his or her life, then in most cases you are a U.S. citizen. If you were born abroad to one U.S. citizen, on or after November 14, 1986, you are likely a U.S. citizen if all of the following are true:
- One of your parents was a U.S. citizen when you were born;
- Your U.S. citizen parent lived at least five years in the United States before you were born; and
- At least two of the five years in the United States were after your U.S. citizen parent’s 14th birthday.
The requirements above apply to children born abroad before November 14, 1986. However, the laws are different prior to this date. There are additional requirements if the child was born out of wedlock. For more information, review our article that addresses Acquisition of Citizenship for Children Born Abroad.
Apply for a Certificate of Citizenship
To prove you are a citizen through parents, you’ll need to apply for a certificate using Form N-600, Application for Certificate of Citizenship. You must submit supporting documents that evidence your status. Not sure what to do? CitizenPath’s Citizenship Certificate Package helps ensure you prepare the application correctly and provides detailed instructions on the supporting evidence to submit for your situation. Our service will help you confirm your eligibility for citizenship through parents before you pay.
When a Child Becomes a Citizen through Parents after Birth
My parent(s) became a citizen after my birth abroad AND before I reached age 18.
A child can also obtain U.S. citizenship through parents after the child's birth and before the age of 18. Derived citizenship may be established after birth but before the age of 18. If you have a parent who became a naturalized citizen after your birth, you could be a U.S. citizen automatically through this path.
Requirements
To become a citizen through parents after birth, the following four requirements must be true at the same time:
- At least one of the child’s parents is a U.S. citizen by birth or naturalization;
- The child is under 18 years of age;
- The child is a lawful permanent resident; and
- The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
These rules come from the Child Citizenship Act of 2000, which took effect on February 27, 2001. The law made it easier for many children of U.S. citizens to automatically gain citizenship through parents. If you turned 18 before that date, different rules may apply to your case. Typically, derivative citizenship happens when a permanent resident child lives with at least one permanent resident parent in the United States and that parent naturalizes. Learn the details in our post about Derived Citizenship: How Children May Automatically Become U.S. Citizens.
Request a Certificate
As mentioned, U.S. citizenship through parents is derived automatically. However, the beneficiary must request a Certificate of Citizenship to obtain proof of citizenship. Use Form N-600, Application for Certificate of Citizenship, to request the citizenship document. You must submit supporting documents that prove the conditions above were true simultaneously. Not sure what to do? CitizenPath’s online service helps ensure you prepare the application correctly and provides detailed instructions on the supporting evidence to submit for your situation. Our service will help you confirm your eligibility for citizenship through parents before you pay.
Path for Adult Children of a U.S. Citizen
My parent(s) became a citizen after my birth abroad AND after I reached age 18.
What if your parent naturalized but officially became a U.S. citizen after you turned 18 years of age? If you are a permanent resident in the U.S. or even a foreign national living abroad, there may be a path for you to become a U.S. citizen as well.
Permanent Resident
If your parent's naturalization date is on or after your 18th birthday, you cannot derive citizenship through that parent. However, as a lawful permanent resident, you may file your own naturalization application once you meet the requirements. You may generally file Form N-400, Application for Naturalization, once you meet the citizenship requirements.
Immigrate through Parent
If one of your parents became a U.S. citizen after you turned 18, your parent can petition for you. The U.S. citizen parent files Form I-130, Petition for Alien Relative to petition a child. After immigrating and fulfilling naturalization requirements, you too can apply to become a citizen through the regular naturalization process.
Form N-600, Application for Certificate of Citizenship
To apply for a Certificate of Citizenship through parents, you’ll need to file Form N-600, Application for Certificate of Citizenship. With the certificate, you may also obtain an American passport. Many people need the certificate (in addition to the U.S. passport) because a certificate may be necessary when applying for benefits such as Social Security, state-issued driver's licenses, financial aid for students, and passport replacement.
Each year, USCIS rejects or denies thousands of N-600 applications. Therefore, it's important to get the application submitted correctly.
* Data based on USCIS Forms Data and Lockbox Rejection Data.
CitizenPath Helps You Request a Citizenship Certificate
How do I apply for citizenship through parents correctly?
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