Acquisition of United States Citizenship at Birth

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.

However, not all children are born in the United States. Some children born abroad to United States citizen parents, and these children automatically become United States citizens at birth. they are legally afforded the same rights as stated in the 14th Amendment.

Nevertheless, there are certain criteria that the parent(s) must meet in order that the child can become a U.S. citizen. If they do, then the parent(s) of such a child may complete a “Consular Report of Birth Abroad” or apply for a passport for the child. 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. Children who automatically acquire United States citizenship at birth do not need to go through the naturalization process, because they are already citizens at birth.

Your children can either become a U.S. citizen at birth or later in their life. You can transmit your citizenship status to them regardless of the way you got it (by birth or naturalization). Citizenship through parents is not time-sensitive, meaning it can be sought at any time in your life.

Getting Legal Help

An experienced attorney can assist with the task of figuring out whether a child has acquired U.S. citizenship and in requesting proof from U.S. immigration authorities.