👶

Citizenship by Birth

Details on automatic U.S. citizenship for individuals born in the United States or its territories.

Sections

1. Legal Framework for Citizenship by Birth

The concept of citizenship by birth in the United States is primarily governed by the 14th Amendment to the U.S. Constitution and the Immigration and Nationality Act (INA).

Key Provisions:

  • 14th Amendment (Section 1): States that "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."
  • "Subject to the jurisdiction thereof": This phrase excludes certain individuals, such as children of foreign diplomats or enemy forces in hostile occupation, from automatic citizenship.

Birthright Citizenship:

The U.S. follows the principle of jus soli (right of the soil), meaning that anyone born on U.S. soil is automatically a U.S. citizen, regardless of the citizenship or immigration status of their parents, with a few exceptions (discussed below).

2. Eligibility for Citizenship by Birth

Citizenship by birth can be acquired in two primary ways:

A. Born on U.S. Soil (Jus Soli)

  • Who qualifies?
    • Individuals born in the 50 U.S. states, the District of Columbia, or U.S. territories (e.g., Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands).
    • Children born in U.S. airspace or territorial waters.
    • Exceptions: Children of foreign diplomats or certain foreign government officials with diplomatic immunity are not granted U.S. citizenship at birth.

B. Born Abroad to U.S. Citizen Parents (Jus Sanguinis)

  • Who qualifies?
    • A child born outside the U.S. to at least one U.S. citizen parent may acquire citizenship at birth, provided certain conditions are met. These conditions include:
      • The U.S. citizen parent must have lived in the U.S. for a specific period before the child’s birth (usually five years, two of which must be after the age of 14).
      • If both parents are U.S. citizens, the residency requirement may be less stringent.

3. Documentation and Proof of Citizenship

To establish citizenship by birth, individuals may need to provide specific documentation depending on their circumstances.

A. Born in the U.S.

  • Primary Proof:
    • A certified U.S. birth certificate issued by the state or territory where the individual was born.
  • Additional Proof (if needed):
    • A U.S. passport (if already issued).
    • A Certificate of Citizenship (if the individual applies for one later in life).

B. Born Abroad to U.S. Citizen Parents

  • Primary Proof:
    • A Consular Report of Birth Abroad (CRBA), issued by a U.S. embassy or consulate.
    • A U.S. passport (if already issued).
  • Additional Proof (if needed):
    • A Certificate of Citizenship (can be applied for through U.S. Citizenship and Immigration Services (USCIS)).

4. Costs Associated with Citizenship by Birth

For individuals born in the U.S., there are no direct costs associated with acquiring citizenship, as it is automatic. However, there may be costs for obtaining proof of citizenship:

A. Born in the U.S.

  • Birth Certificate Fee: Varies by state but typically ranges from $10 to $50.
  • U.S. Passport Fee (optional):
    • First-time adult passport: $165 (as of 2023).
    • First-time minor passport: $135.

B. Born Abroad to U.S. Citizen Parents

  • Consular Report of Birth Abroad (CRBA): $100 (as of 2023).
  • U.S. Passport Fee: Same as above.
  • Certificate of Citizenship (if applied for): $1,170 (Form N-600 fee as of 2023).

5. Standard Procedures

The process for documenting citizenship by birth depends on whether the individual was born in the U.S. or abroad.

A. Born in the U.S.

  1. Obtain a Birth Certificate:
    • Contact the vital records office in the state or territory where the individual was born.
    • Provide necessary information (e.g., full name, date of birth, parents' names) and pay the applicable fee.
  2. Apply for a U.S. Passport (Optional):
    • Submit Form DS-11 (Application for a U.S. Passport) along with the birth certificate, a passport photo, and the applicable fee.

B. Born Abroad to U.S. Citizen Parents

  1. Apply for a Consular Report of Birth Abroad (CRBA):
    • Schedule an appointment at the nearest U.S. embassy or consulate.
    • Submit the required documents, including proof of the parent’s U.S. citizenship, evidence of the parent’s physical presence in the U.S., and the child’s birth certificate.
    • Pay the CRBA fee.
  2. Apply for a U.S. Passport (Optional):
    • Submit Form DS-11 along with the CRBA, a passport photo, and the applicable fee.
  3. Apply for a Certificate of Citizenship (Optional):
    • File Form N-600 with USCIS and pay the applicable fee.

6. Important Considerations

  • Dual Citizenship: The U.S. allows dual citizenship, meaning individuals who acquire U.S. citizenship by birth may also hold citizenship in another country if permitted by that country’s laws.
  • Children of Diplomats: Children born in the U.S. to foreign diplomats are not automatically U.S. citizens. They may, however, apply for citizenship through other pathways later in life.
  • Adopted Children: Children adopted by U.S. citizens do not automatically acquire citizenship by birth. They may become citizens through the Child Citizenship Act of 2000, provided specific conditions are met.
  • Statelessness: In rare cases, individuals born in U.S. territories may face challenges if their citizenship status is unclear. For example, individuals born in American Samoa are considered U.S. nationals, not citizens, unless they take additional steps to naturalize.

7. Additional Resources

  • U.S. Citizenship and Immigration Services (USCIS): www.uscis.gov
  • U.S. Department of State (for CRBA and passports): travel.state.gov
  • Vital Records Offices (for birth certificates): Check the National Center for Health Statistics (NCHS) website for state-specific contact information.

If you have further questions or need clarification on any aspect of citizenship by birth in the U.S., feel free to ask!