A CHILD born abroad to parents who are both United States citizens (USCs), or to a United States citizen (USC) mother or father, has a claim to citizenship either through “acquisition” (acquiring citizenship at birth) or “derivation” (citizenship acquired after birth). Either parent may report the birth of a child born abroad to the United States Consulate/Embassy, and after verification, the Consulate will issue a Consular Report of Birth Abroad of a Citizen of the United States, and issue a United States a passport.
Acquisition at birth
Both parents are USCs: Child acquires US citizenship at birth if both parents are USCs and at least one parent had a residence in the United States or one of its outlying possessions prior to the child’s birth.
One parent is a USC and second parent is a U.S. noncitizen national: Child acquires US citizenship at birth if one parent is a citizen and the other parent is a US noncitizen national; and the USC parent was physically present in the United States for a continuous period of one year prior to the child’s birth.
One parent is a USC and the child was born in an outlying possession of the United States: Child acquires US citizenship at birth provided the USC parent was physically present in the United States for a continuous period of one year prior to child’s birth.
One parent is a USC, the other parent is an alien and child born in wedlock outside the limits and jurisdiction of the United States: Child acquires US citizenship at birth provided the USC parent was physically present in the United States or its outlying possessions for a period of five years prior to the child’s birth, two of the five years must have been after age 14. In computing physical presence, time spent in the United States Armed Forces, or periods of employment with the United States government, or with an international organization will to be counted.
Derivation after birth
One parent is a USC by naturalization: If one parent is a naturalized US citizen, a child may acquire US citizenship by derivation if the child is (1) a lawful permanent resident; (2) under the age of 18 at the time one of the parents naturalized; and (3) in the legal custody of the parent who naturalized.
Child born out of wedlock to USC mother: A child born out of wedlock to a USC mother, and who has not been legitimated, may derive citizenship through the USC mother provided the USC mother was physically present in the United States for a continuous period of one year prior to the child’s birth.
Child born out of wedlock to USC Father: A child born out of wedlock to a USC father on or after November 14, 1986, may derive US citizenship if the following requirements are met: (1) blood relationship is established by clear and convincing evidence (normally, a DNA ordered by the United States Consulate/Embassy); (2) father was a USC at the time of birth of the child; (3) USC father was physically present in the United States or its outlying possessions for a period of five years prior to the child’s birth, two of the five years must have been after age 14 (time with the Armed Forces or periods of employment with the United States government or an international organization will be counted as physical presence); (4) USC father (unless deceased) has agreed in writing to provide financial support until the child turns 18; and (5) before the child’s 18th birthday, either (a) the child is legitimated, or (b) the USC father acknowledged paternity in writing under oath, or (c) the child’s paternity is established by adjudication of a competent court.
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Atty. Aurora Vega-Buzon is a partner in Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; [email protected]
