Children born in another country may get U.S. citizenship at birth, or after birth but before age 18. This is applicable to children with at least one parent who is a U.S. citizen.
However, there are certain requirements:
Citizenship for children born in wedlock
The parents’ marital status at the time of the child’s birth plays a role in the child’s eligibility for citizenship. Your child is born in wedlock if:
- Parents are married at the time of your child’s birth or;
- Your child was born within 300 days of divorce or the death of one parent
Your child’s path to citizenship will also depend on your and their other parent’s citizenship:
- If both parents are U.S. citizens: At least one parent must reside in the U.S. before the child’s birth, and at least one parent must be biologically related to the child.
- If one parent is a U.S. citizen and the other is a U.S. national: The citizen parent must live in the U.S. for one year before the child’s birth.
- If only one parent is a U.S. citizen: The parent must live in the U.S. for five years before the child’s birth. Two of those years must be after they are 14.
Both parents must demonstrate a parental relationship to their child, such as showing medical or educational documents proving their parental role.
If you cannot prove a parental relationship, your child may be eligible for citizenship as a child born out of wedlock.
Citizenship for children born out of wedlock
“Born out of wedlock” simply means the child’s parents are unmarried at the time of their birth. Requirements depend on which parent is a U.S. citizen.
If both parents are citizens, the father must:
- Prove a blood relationship to the child
- Be a U.S. citizen at the time of the child’s birth
- Agree to provide financial support until the child is 18
At least one parent must reside in the U.S. before the child is born.
If only the father is a citizen, the same requirements apply, except that they must live in the U.S. for five years before the child’s birth, with two of those years after age 14.
If only the mother is a citizen, they must be a citizen at the time of the child’s birth and live in the U.S. for at least five years before giving birth. Similarly, two of those years must be after age 14.
If you are seeking citizenship for your child born abroad, it is advisable to work with an immigration attorney who can help you through the process.