Transmitting Citizenship

Transmission of U.S. citizenship depends on:

  1. At least one parent having the nationality of the United States at the time of the child’s birth;
  2. The existence of a blood relationship between the child and U.S. citizen parent(s);
  3. 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.

If you have other children who have been issued with a Consular Report of Birth Abroad, this may be considered as supplemental evidence. Please also read important information regarding Supporting Documents.

Transmission Requirements

A child born outside of the United States to two U.S. citizen parents, in wedlock, is entitled to citizenship, provided one of the parents had, prior to the birth of the child, been resident in the United States or one of its outlying possessions. (No specific period of time is required.)

A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five (5) years, at least two (2) years of which were after s/he reached the age of fourteen (14).

Note: Time spent in the United States does not have to be consecutive.

The following requirement applies to a child born before or on June 11, 2017.

A child born outside of the United States and out of wedlock to a U.S. citizen mother may be entitled to U.S. citizenship providing the U.S. citizen mother had been physically present in the United States for continuous period of at least one year (365 days) at some time prior to the birth of the child. (NOTE: Periods spent overseas with the United States government/military or as a government/military dependent, are NOT considered as physical presence in the United States for transmission under this category).

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

A child born outside of the United States and out of wedlock to a U.S. citizen mother may be entitled to U.S. citizenship providing the U.S. citizen mother had been physically present in the United States or one of its outlying possessions for five (5) years, at least two (2) years of which were after she reached the age of fourteen (14).  The physical presence in the U.S. must occur prior to the birth of the child.
Note: Time spent in the United States does not have to be consecutive.

A child born outside of the United States and out of wedlock to a U.S. Citizen father may be entitled to U.S. Citizenship providing the U.S. citizen father had been physically present in the United States or one of its outlying possessions for five(5) years, at least two (2) years of which were after he reached the age of fourteen (14).  In addition, the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until s/he reaches the age of 18 years.

Note: Time spent in the United States does not have to be consecutive.