Transmitting Citizenship

  1. Adoption
  2. Birth
  3. Eligibility for a CRBA
  4. 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 one of the parents (U.S. citizen parent OR alien parent);
  3. Documentary evidence demonstrating the U.S. citizen parent(s)’ presence in the United States prior to the child’s birth, as specified in the Transmission Requirements Table below.

Child born abroad in wedlock:

Type of Claim Applicable Physical Presence
or Residence Requirement for Parent Transmitting Citizenship
One U.S. citizen parent and one alien parent 5 years of physical presence in the U.S. or its territories, 2 after the age of 14
Both parents are U.S. citizens Residence of either parent in U.S. or its territories

 

Applicant born abroad out of wedlock on or before June 11, 2017:

Type of Claim Applicable Physical Presence
or Residence Requirement for Parent Transmitting Citizenship
U.S. citizen mother and alien father 1 year continuous physical presence in U.S. or its territories
U.S. citizen father and alien mother 5 years of physical presence in the U.S. or its territories, 2 after the age of 14
U.S. citizen father and U.S. citizen mother; claim through the father Residence of either parent in U.S. or its territories
U.S. citizen father and U.S. citizen mother; claim through the mother 1 year continuous physical presence in U.S. or its territories

 

Applicant born abroad out of wedlock on or after June 12, 2017:

Type of Claim Applicable Physical Presence
or Residence Requirement for Parent Transmitting Citizenship
U.S. citizen mother and alien father 5 years of physical presence in the U.S. or its territories, 2 after the age of 14
U.S. citizen father and alien mother 5 years of physical presence in the U.S. or its territories, 2 after the age of 14
U.S. citizen father and U.S. citizen mother; claim through the father Residence of either parent in U.S. or its territories
U.S. citizen father and U.S. citizen mother; claim through the mother because father has not fulfilled requirements under INA 309(a) Refer case KyivACS@state.gov before your submit the documents

 

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 forms) (tax forms alone are not sufficient evidence of physical presence)
  • Academic transcripts (full transcripts – not diplomas)
  • Employment records (showing monthly presence in the United States)
  • 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.

For more detailed information please see the Department of State’s webpage on Acquisition of U.S. Citizenship by a Child Born Abroad. In certain cases it may be necessary to submit additional documents, including an Affidavit of Parentage and Physical Presence, evidence of pre-natal care, or photographs.  A DNA test may also be suggested if there is no clear evidence of a biological relationship between the child and the U.S. citizen parent.

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