United States of America - Passport & Nationality - American Citizenship through Descent
These laws have changed over the years, but usually require a combination of at least one parent being a U.S. citizen when the child was born and having lived in the U.S. or its possessions for a period of time. Additionally, children born outside the United States may become citizens after birth based on their parentâs citizenship or naturalization.
Children Born Abroad in Wedlock
If a child born abroad has two US citizen parents, the child is automatically a US citizen provided that the parents are legally married and at least one has previously had a residence in the US prior to the childâs birth.
It gets more complicated if the child born abroad has only one US citizen parent. If the parents are married, the child born abroad gets citizenship at birth only if the US citizen parent was present in the United States for a certain amount of time before the child was born â generally five years total, with two years of residence after the age of 14.
Children Born Abroad Out of Wedlock
If a child is born abroad and the parents are not married, the question of citizenship becomes even more complex.
A child born abroad to a US citizen mother is a US citizen if the mother had been previously present in the United States or a US territory for a period of at least one uninterrupted year.
However, a child born abroad with a US citizen father can only be a US citizen if the following criteria are met:
* A blood relationship between the father and the child is established.
* The father has â in writing and under oath â acknowledged paternity and agreed to provide financial support for the child until he or she turns 18.
* Paternity is established by an adjudication court.