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U.S. Citizenship for Children Born Abroad to American Parents

If you’re a U.S. citizen living abroad and recently had a child, one of your first legal questions might be: Is my child automatically a U.S. citizen? The answer depends on your own citizenship status, how long you’ve lived in the U.S., and your child’s birth circumstances.

When Is a Child Born Abroad a U.S. Citizen?

A child born outside the United States to a U.S. citizen may acquire citizenship at birth-but only if certain conditions are met. These are based on whether one or both parents are U.S. citizens and how long the U.S. citizen parent has lived in the United States.

If only one parent is a U.S. citizen:

• That parent must have lived in the U.S. for at least 5 years, and 2 of those years must be after the age of 14.

If both parents are U.S. citizens:

• Only one parent needs to show that they lived in the U.S. before the child’s birth. There’s no minimum time requirement.

How to Prove and Register Citizenship

If your child meets the criteria, you must apply for a Consular Report of Birth Abroad (CRBA) at the nearest U.S. embassy or consulate. This serves as proof of U.S. citizenship. You’ll also want to apply for a U.S. passport at the same time.

Prepare to submit proof including:

• Your child’s foreign birth certificate
• Proof of your U.S. citizenship
• Proof of your physical presence in the U.S.

What If You Don’t Qualify?

If the U.S. citizen parent doesn’t meet the physical presence requirement, there may still be options, like transmitting citizenship through a U.S. citizen grandparent under Section 322 of the Immigration and Nationality Act (INA). These cases are more complex and often require legal help.

Conclusion

U.S. citizenship for children born abroad isn’t automatic-it’s tied to the U.S. citizen parent’s past residence. Make sure to document and register the child’s citizenship early to avoid complications down the line.