Transmitting Citizenship

Transmission of U.S. citizenship depends on all three of the following conditions:

At least one parent having the nationality of the United States at the time of the child’s birth;
The existence of a blood relationship between the child and U.S. citizen parent(s);
Documentary evidence demonstrating the U.S. citizen parent(s)’ presence in the United States prior to the child’s birth, as specified below.

Examples of Documentation

Some examples of documentary evidence which may be considered to demonstrate that physical presence requirements have been met may include (but are not limited to):

Wage and tax statements (W-2)
Academic transcripts
Employment records
Rental receipts
Records of honorable U.S. military service, employment with U.S. Government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service or employment (except where indicated).
U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence. Drivers’ licenses do not constitute evidence of physical presence.
Other children issued with a Consular Report of Birth Abroad, may be considered as supplemental evidence.

Transmission Requirements

The information below is intended for use only as a general reference guide. Final adjudication authority rests with the consular officer. Sufficient documentation should be submitted which adequately demonstrates that these periods of time have been met.

If parents are married at time of child's birth - both are U.S. citizens

At least one parent must have held residence in the U.S. or its possessions for any length of time.

Proof of Residence may include a U.S. birth certificate, U.S. driver’s license, U.S. marriage certificate, or other documents which are considered evidence of physical presence

(This is only for children born on or after January 13, 1941.)

If parents are married at time of child's birth - only one is a U.S. citizen

The U.S. citizen parent must have had physical presence in the U.S. or its possessions for at least five years, two of which must be after the age of 14.

(This is only for children born on or after November 14, 1986.)

If parents are unmarried at time of child's birth - mother is a U.S. citizen

The following requirement applies to a child born before June 12, 2017.

The mother must have had physical presence in the U.S. or its possessions for one continuous year.

(This is only for children born on or after December 24, 1952.)

The following requirement applies to a child born on or after June 12, 2017.

The mother must have had physical presence in the U.S. or its possessions for at least five years, two of which must be after the age of 14.

If parents are unmarried at time of child's birth - father is a U.S. citizen

The father must have had physical presence in the U.S. or its possessions for five years, two years of which were after the age of 14. Blood relationship must be established between father and child. The father (unless deceased) must also agree in writing, prior to the child turning 18, to support child while child is under age 18. Conditions include:

child is legitimated; or
father acknowledges paternity under oath; or
paternity is established by court adjudication.

(This is only for children born on or after November 14, 1986)