Citizenship through Birth

Under United States law, any person born within the United States (including the territories of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands) is automatically granted U.S. citizenship. The Fourteenth Amendment to the U.S. Constitution states that:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Citizenship through Acquisition

In some circumstances, a child automatically “acquires” citizenship even though that child was born outside the United States. At least one parent needs to be a U.S. citizen at the time of the child’s birth and several other conditions must be met. When this child marries and has children, those children may also acquire U.S. citizenship at birth. The ways a child can become a U.S. citizen through acquisition generally include:

• Both parents were U.S. citizens

  Both parents were U.S. citizens at the time of the child’s birth and the parents were married at the time of birth, and at least one parent lived in the U.S., or its territories, or both, prior to the child’s birth.

• One parent was a U.S. citizen

  One parent was a U.S. citizen at the time of the child’s birth; and the child was born on or after November 14, 1986; and the parents were married at the time of birth; and the U.S. citizen parent was physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.

• One parent was a U.S. citizen

  One parent was a U.S. citizen at the time of the child’s birth; and the birth date is before November 14, 1986, but after October 10, 1952; and the child’s parents were married at the time of the birth; and the U.S. citizen parent was physically present in the U.S. or its territories for a period of at least ten years at some time in his or her life prior to the child’s birth, at least five of which were after his or her 14th birthday.

To obtain official documentation from the U.S. government that a person acquired U.S. citizenship through one of the above methods, the applicant must file Form N-600, Application for Certificate of Citizenship. The laws have changed several times over the years. You’ll need to research the law that was in effect on the date of the child’s birth (and the parents’ birth, if grandparents were U.S. citizens). You can also learn more on the USCIS website. It can get complicated. So seek the assistance of an experienced immigration attorney that can guide you through this process. For more information, read Acquisition of U.S. Citizenship for Children.

Citizenship through Derivation

When a parent naturalizes, his or her children (under the age of 18 and living with the parent at the time) may “derive” U.S. citizenship automatically, provided they are also permanent residents. What’s more, a child who gets U.S. citizenship through derivation does not have to participate in a naturalization ceremony. Generally, foreign-born children under 18 automatically acquire U.S. citizenship if three requirements are met:

• The child must have U.S. lawful permanent resident status (“green card” holder); and
• At least one parent must be a U.S. citizen; and
• The child must be residing in the United States in the legal and physical custody of a U.S. citizen parent.

The laws on the automatic naturalization of children have varied over the years. Making a determination if the law applies to you is dependent on the law that existed when your parent’s naturalization took place. Therefore, it is recommended that you seek the assistance of an experienced immigration attorney that can guide you through this process. For more information, read Derivation of U.S. Citizenship for Children.

Citizenship through Naturalization

Naturalization refers to the process in which a person not born in the United States voluntarily becomes a U.S. citizen. For foreign-born persons, naturalization is the most common way to become a U.S. citizen. There are several requirements that must be fulfilled before an individual can apply for citizenship. Generally, applicants must be 18 years old and fall into one of the following three basic eligibility categories:

• 5 years as a permanent resident | Learn more
• 3 years as a permanent resident who has lived in marital union with a U.S. citizen spouse for at least 3 years | Learn more
• Qualifying service in the U.S. Armed Forces | Learn more

These are the three most common eligibility categories; the vast majority of naturalized citizens come through one of the above paths. Find a comprehensive list of eligibility categories in Chapter 4 of USCIS Guide to Naturalization. A permanent resident starts the naturalization process by filing Form N-400, Application for Naturalization.

For more information about how to become a US citizen, download Become a U.S. Citizen – a free ebook for permanent residents interested in naturalization.