U.S. Citizenship Through Parents or by Birth

Understanding these pathways helps individuals confirm their status and gather the right proof of citizenship when needed.

The Child Citizenship Act allows children of U.S. citizens to get citizenship automatically. The same rule applies to adoptive children of U.S. citizens. Adopted children also get the U.S. citizenship of their adoptive parents.

Naturalization is another path to acquiring U.S. citizenship. The U.S. government outlines this process in the U.S. Constitution and other implementing rules issued by U.S. agencies. Green card holders or lawful permanent residents (LPRs) can use the naturalization process.

An essential part of the naturalization process involves satisfying the physical presence requirements in the country. This physical presence must be for a continuous period of three or five years, depending on the case.

In general, a person can become a U.S. citizen by parent or by birth in one of three ways:

• By being born in the United States or one of its outlying possessions (birthright citizenship)
• By being born to parents who are U.S. citizens (acquisition of citizenship)
• One or both parents have been naturalized (derivative citizenship)

This article outlines birthright citizenship and other ways someone may become a U.S. citizen. An immigration attorney near you can explain how the law applies to your specific situation. 

Are You Already a U.S. Citizen?

Some people in the United States have obtained U.S. citizenship without even realizing it. These people generally may be grouped into three categories:

• People who were born in the United States but have lived most of their lives outside of the country. Some of these people mistakenly believe they may lose their citizenship status by living outside the country for an extended period of time. But this isn’t the case. Take note that this applies at the time of the child’s birth. Eligibility for derived or acquired citizenship can depend on specific laws.
• Those who believe they’re not citizens despite having parents who were U.S. citizens. It may be that, even though a person was born outside the United States, that person is a citizen if they have a U.S. citizen mother or U.S. citizen father.
• Some minor children of naturalized U.S. citizens may mistakenly believe they may not be U.S. citizens. But when parents become naturalized citizens, their children (under 18 years of age) with green cards will also become U.S. citizens.

U.S. Citizenship by Being Born in the United States

In most situations, any child born in the United States or one of its territories, like Guam, automatically gets American citizenship. This is called “birthright citizenship” and is protected by the 14th Amendment to the U.S. Constitution, which (in Section 1) states the following:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

However, children born to diplomats and other recognized government officials from foreign countries won’t receive U.S. citizenship if born on American soil (Title 8 of the U.S. Code). If you were born in the United States, your U.S. citizenship would last your entire life unless you take affirmative action to give it up, like taking an oath of allegiance.

U.S. Citizenship by Being Born to U.S. Citizens

If at least one of your parents were a U.S. citizen at birth, you’d typically gain U.S. citizenship automatically through the acquisition process. It doesn’t matter whether you were born on U.S. or foreign soil. And if you have children, they’ll also get U.S. citizenship through you at birth. Also, foreign-born adoptees to U.S. citizen parents may claim U.S. citizenship.

The laws regarding citizenship through parentage consider factors such as the parents’ citizenship status and whether the child was born out of wedlock. This complexity has not lessened, as Congress has significantly changed these laws over the years. To determine eligibility or which laws will apply to you or your child, you must first see which date range applies:

• Born before May 24, 1934
• Born between May 25, 1934, and Jan. 12, 1941
• Born between Jan. 13, 1941, and Dec. 23, 1952
• Born between Dec. 24, 1952, and Nov. 13, 1986
• Born after Nov. 14, 1986

Derivation of U.S. Citizenship and Naturalization of Parents

A child may become a U.S. citizen through the derivation process if one of their parents becomes a U.S. citizen via naturalization. However, when the parent becomes naturalized, the child must meet all of the following criteria to take advantage of the laws:

• Have a green card
• Be under 18 years old
• Live with the naturalized parent 

A child who becomes a U.S. resident through this special process does not have to go through the process of applying for and passing a naturalization test.

Like the laws that apply to children acquiring citizenship by being born to American residents, the laws relating to derivation have changed much in the past. It’s also essential to determine which laws apply to your case. An immigration attorney can clarify current laws and explain any rules that benefit your case.

Should You Carry Proof of Your Citizenship?

Those who became U.S. citizens through naturalization or their family members are eligible to apply for a U.S. passport. This, along with their Naturalization Certificate, provides proof of their new U.S. citizenship status.

If you believe you’re a U.S. citizen, you should acquire proof of your citizenship to ensure you receive all the benefits of citizenship. Some of your day-to-day activities might require proof of identification of your U.S. citizenship. For instance, you might need it to apply for a job, get a state driver’s license, or for other activities that require identification.

An Attorney Can Help With Your Journey to Citizenship

Staying informed about current updates and laws is essential, particularly for immigrants seeking U.S. citizenship. For help understanding the Immigration law and Immigration and Nationality Act (INA), contact an immigration attorney near you.

Immigration lawyers can answer the questions you might have about U.S. citizenship. They can also:

• Guide you through the steps and spot rules that benefit your case
• Facilitate communications with U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State
• File your forms, such as the Application for Certificate of Citizenship (Form N-600)

FindLaw’s directory of immigration attorneys can connect you to qualified legal professionals near you. Start by entering your city or ZIP code. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.