Is a child born overseas to a US Parent also a US Citizen? The answer is complicated, and requires the answering of many questions.
Questions that need to be answered include, which parent is a US citizen (or is both), how long that US citizen was physically present in the United States before the child’s birth, and whether the parents are married, among others. The following are the standards for children recently born. For individuals born in the not-so-recent past, the requirements are different.
To see whether a particular person qualifies and is a US citizen, please contact a citizenship and naturalization attorney to review your case.
Are Children Born to two US citizens and outside of the United States US Citizens?
Right now, it is necessary for at least one parent to have resided in the United States prior to the child’s birth, in order for the child to be a US citizen.
Are Children Born Outside of the United States to Married Parents, one of whom is a US Citizen, US Citizens?
Right now, a child born outside of the US to a married couple, one of whom is a US citizen, must demonstrate that the US citizen parent was physically present in the United States for at least five years prior to the child’s birth. In addition, at least two of those years need to be after the U.S. citizen parent was 14 years old.
Are Children Born Outside of Wedlock and Outside of the United States to a Mother who is a US Citizen, US Citizens?
Right now, children born outside of the US to unmarried U.S. citizen mothers will qualify for U.S. citizenship if the mother was physically present in the United States for 12 continuous months prior to the child’s birth.
Are Children Born Outside of Wedlock and Outside of United States to a Father is a US Citizen, US Citizens?
Right now, children must show that the US citizen father resided in the US for at least five years prior to the child’s birth. Further, two of those years must have been after age 14. In addition, it is necessary for the father to agree to certain conditions.
But How Does a US Citizen Child Show US Citizenship?
A US citizen born overseas does not have immediate documentation to proof of his or her US citizenship. Instead, US citizen children must present the necessary information to get proof of citizenship from the US government. Most often, this is accomplished by a US citizen’s parents obtaining a Consular Report of a Birth Abroad.
To learn what is needed to obtain a Consular Report of a Birth Abroad, please contact a NYC citizenship lawyer.
The USCIS recently announced that 11,146 Service members become U.S. citizens in fiscal year 2010. That is the highest number of naturalized service members since 1955. The number is also a 6 percent increase from fiscal year 2009.