U.S. Citizenship by Birth or Through Parents
You may already be a U.S. citizen and not know it.
U.S. citizenship can be obtained in one of four ways:
- birth in the United States or its territories
- birth to U.S. citizen parents
- naturalization (the grant of citizenship after an application and exam), or
- naturalization of one's parents.
If you were born on U.S. soil, were born to U.S. citizen parents or became a naturalized U.S. citizen and you have been living in the United States, you clearly have U.S. citizenship. But many people are U.S. citizens and don't know it. Most fall into one of three groups:
People born in the United States who have lived most of their lives in other countries. If you fall into this category, you may mistakenly believe that your long absence from the country, plus voting or military activities elsewhere, have stripped you of U.S. citizenship. This is not the case.
People who have American citizens in their direct line of ancestry. If you have direct ancestors who were U.S. citizens, you may not realize that -- even though you were born elsewhere and your American ancestors have not lived in the United States for a long time -- U.S. citizenship has been passed down the line.
Children of naturalized U.S. citizens who were never themselves naturalized. Children under the age of 18 cannot normally become naturalized U.S. citizens. However, when parents become naturalized, minor children with green cards gain U.S. citizenship automatically.
Many people are unaware of these and other nuances in the laws of U.S. citizenship. Here, we'll explore each one in turn.
Birth in the United States
A child born on American soil automatically gets U.S. citizenship, unless the child is born to a foreign government official who is in the United States as a recognized diplomat. Children born in certain U.S. territories -- Puerto Rico, the Virgin Islands and Guam -- may also acquire U.S. citizenship. For details, see Title 8 of the U.S. Code, available at http://www4.law.cornell.edu/uscode/8. Anyone born with U.S. citizenship retains it for life unless he or she deliberately gives it up -- for example, by filing an oath of renunciation.
Birth to U.S. Citizen Parents
In many circumstances, even though a child is born outside the United States, if at least one parent was a U.S. citizen at the time of the child's birth, the child automatically "acquires citizenship" (the legal term for this situation). When this child marries and has children, those children may also acquire U.S. citizenship at birth.
The laws governing whether or not a child born outside of the United States acquires U.S. citizenship from his or her parents have changed several times. The law that was in effect on the date of the child's birth determines whether he or she acquired U.S. citizenship from a parent or grandparent. If there is anyone in your direct line of ancestry that may be a U.S. citizen, it is worth your time to read what the laws were on the date of your birth and theirs. Many people are pleasantly surprised to find their quest for a green card ended by the discovery that they are already U.S. citizens.
Following is a brief history of the citizenship laws.
1. Prior to May 24, 1934
Before May 24, 1934, the law provided that only fathers could pass U.S. citizenship to their children. The rules were simple: If a U.S. citizen father resided in the United States at some time before the child's birth, the child automatically acquired citizenship. When and for how long the father lived in the United States didn't matter. Technically, a day or a week would be enough if it could be regarded as a residence and not just a visit.
The child didn't have to do anything special to keep her U.S. citizenship. These rules also applied to children born outside of marriage if the U.S. citizen father legally legitimated the child at some point.
This law was challenged several times on the grounds that it was discriminatory -- and some courts held that mothers could also pass citizenship to their children. Congress finally addressed the issue in 1994 and amended the law retroactively, providing that either parent could pass his or her U.S. citizenship to children under this law.
Therefore, if you were born before May 24, 1934, and either of your parents was a U.S. citizen, that citizenship might have been passed on to you. Also keep in mind that if one of your parents was born before May 24, 1934, he or she may have acquired U.S. citizenship from his or her parents. That citizenship could have passed to you under laws in existence at a later date. Checking the family tree may be worth your while.
2. May 25, 1934 to January 12, 1941
If you were born between May 25, 1934 and January 12, 1941, you acquired U.S. citizenship at birth if both your parents were U.S. citizens and at least one lived in the United States before you were born. You didn't have to do anything special to keep your U.S. citizenship.
You could also get U.S. citizenship if only one of your parents was a U.S. citizen, as long as that parent lived in the United States at some time. If your U.S. citizenship came from only one parent, you too would have been required to reside in the United States for at least two years between the ages of 14 and 28 in order to retain your citizenship. If the one U.S. citizen parent was your father and you were born outside of marriage, the same rules applied provided your father legally legitimated you.
3. January 13, 1941 to December 23, 1952
If you were born between January 13, 1941 and December 23, 1952, you automatically acquired U.S. citizenship if both your parents were U.S. citizens and at least one had a prior residence in the United States. You didn't have to do anything special to keep your U.S. citizenship.
If only one parent was a U.S. citizen, that parent must have lived in the United States for at least ten years prior to your birth, and at least five of those years must have been after your parent reached the age of 16. To keep your citizenship, you must have lived in the United States for at least two years between the ages of 14 and 28 (called a residence requirement). However, as a result of a U.S. Supreme Court decision, if you were born after October 9, 1952, your parent still had to fulfill the residence requirement in order to pass citizenship to you, but your own residence requirement for retaining U.S. citizenship were abolished. If your one U.S. citizen parent was your father and you were born outside of marriage, the same rules applied if your father legally legitimated you before your 21st birthday and you were unmarried at the time.
4. December 24, 1952 to November 13, 1986
If at the time of your birth both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.
If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16. There are no conditions placed on retaining this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father legally legitimated you before your 21st birthday and you were unmarried at the time. If legitimization occurred after November 14, 1986, your father must have established paternity prior to your 18th birthday, either by acknowledgment or by court order, and must have stated in writing that he would support you financially until your 18th birthday.
5. November 14, 1986 to Present
If at the time of your birth, both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.
If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.
Naturalization
If, as an adult, you were naturalized as a U.S. citizen, you will obviously be aware of your citizenship status. But, if your parents were naturalized when you were a child, you may have "derived citizenship" (the legal term) without knowing it. In addition, the most recent law allows children to derive citizenship from their parents even if the parents got their citizenship by some means other than naturalization (such as by birth in the United States). Deriving citizenship through one's parents is discussed next.
Automatic U.S. Citizenship Through Naturalized Parents
When a parent naturalizes, her children may become U.S. citizens automatically, provided they have green cards and are under age 18 and living with the parent at the time. Becoming a U.S. citizen in this way has a special benefit: a child who gets U.S. citizenship through the naturalization of either or both parents does not have to participate in a naturalization ceremony.The laws on automatic naturalization of children have varied over the years. Whether or not you achieved U.S. citizenship is determined by the laws that existed when your parents' naturalization took place.
1. Parents Naturalized Before May 24, 1934
If either parent naturalized before your 21st birthday and you held a green card at the time, you automatically derived U.S. citizenship. This applied to children born outside of marriage, though if your U.S. citizen parent was your father, he must have legally legitimated you. Adopted children did not qualify.
2. Parents Naturalized From May 24, 1934 to January 12, 1941
If both parents naturalized before your 21st birthday and you held a green card at the time, you automatically derived U.S. citizenship. This applied to children born outside of marriage if the father legally legitimated them. Adopted children did not qualify.
If only one parent naturalized before your 21st birthday, you derived U.S. citizenship automatically if you held a green card for at least five years. The five years could have occurred before or after your parent naturalized. For example, if at the time your parent naturalized you had held a green card for only three years, you automatically became a U.S. citizen whenever you accumulated the five-year total.
3. Parents Naturalized From January 13, 1941 to December 23, 1952
You derived U.S. citizenship if both parents naturalized before your 18th birthday and you held a green card at the time. If your parents were legally separated, you derived citizenship when the parent having legal custody naturalized. At this time, the law did not permit children born outside of marriage or adopted children to derive citizenship.
4. Parents Naturalized From December 24, 1952, to October 4, 1978
You derived U.S. citizenship if you were under the age of 16, unmarried and holding a green card at the time both parents naturalized. This applied to children born outside of marriage if the father legally legitimated them. Adopted children did not qualify.
5. Parents Naturalized October 5, 1978 to February 26, 2001
You derived U.S. citizenship if one of your parents was a U.S. citizen when you were born and never ceased to be a citizen, and your other parent naturalized before your 18th birthday. You must have been unmarried and lawfully admitted as a permanent resident at the time of your parent's naturalization. This law applies to all children, including those who are born outside of marriage and adopted. However, adopted children born before December 29, 1981 or after November 14, 1986 obtain U.S. citizenship only if the adoption occurred before their 16th birthday.
6. Parents Naturalized February 27, 2001 to Present
You derived U.S. citizenship if: (1) one of your parents was born in the United States or became a naturalized citizen, (2) you were living with that parent while under the age of 18 and (3) you had a green card (lawful permanent residence). This law applies to both natural and adopted children.
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