Transmission of American Citizenship to a Child Born Abroad

May 30, 2013 in Attorney Blog

Transmission of American Citizenship A child born abroad to at least one United States citizen parent is entitled to American citizenship under the following circumstances:

1. Children born to two American citizens (married or unmarried): The child is a U.S. citizen if at least one parent has resided in the United States at some time in his or her life. The parent could have been in the United States for as little as one day.

2. Children born to an American citizen married to a non-American citizen: The child is a U.S. citizen if his/her U.S. citizen parent was physically present in the United States for at least five years before his/her birth. Two of the five years must have been after the U.S. citizen parent’s 14th birthday.

3. Children born to an unmarried American citizen father and a non-citizen mother: The child may qualify for citizenship if the father was present in the United States before the child’s birth for at least five years, including two years after the age of 14. In addition, before the child’s 18th birthday, the father must execute form DS 5507 to legitimate the child.

4. Children born to an unmarried American citizen mother and a non-citizen father: The child is a U.S. citizen if the mother was physically present in the United States for at least 365 continuous days before the child was born.

American Citizenship is a precious asset. I encourage all American citizens who are parents of a child born abroad to contact me to discuss obtaining a “Certificate of Birth Abroad of an American citizen” for your child.