A person who is a U.S. citizen upon birth can apply for proof of their U.S. citizenship by obtaining a Certificate of Citizenship or U.S. passport. A U.S. citizen by birth can be a person born on U.S. land or born to U.S. parent(s).
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Table of Contents
There are 2 main subcategories under U.S. citizenship by birth:
- Born in the United States (the parents do not need to be U.S. citizens)
- Born outside the United States (overseas) to U.S. citizen parent(s)
The original statutory wording for persons who are qualified U.S. citizens can be found in 8 CFR 301.1(a).
The U.S. citizen child was either born on U.S. land or born to 2 U.S. citizen parents or at least 1 U.S. citizen parent. The requirements and documentation needed for the proof of U.S. citizenship varies depending on the situation of the applicant.
Persons who are born on the lands of the United States are automatically U.S. citizens. The parent(s) of the child born on U.S. land do not need to be U.S. citizens for the child to be a U.S. citizen because of the concept of jus soli where anyone who is born in the territory of the United States has the right to U.S. nationality or citizenship. In other words, the U.S. citizenship of the child is given to the child just because they were born on U.S. land.
＊Children of foreign diplomats who are born in the United States are not considered U.S. citizens.
Persons who are born to at least one U.S. citizen parent are U.S. citizens. U.S. citizen parents can pass their U.S. citizenship to their child through the concept of jus sanguinis where the child is given U.S. citizenship from their parent(s) because of the right of blood. The U.S. citizen parent can qualify either by being born a U.S. citizen or having naturalized into a U.S. citizen. There just needs to be one parent as a U.S. citizen for the child to obtain their U.S. citizenship.
U.S. Citizenship Derived from U.S. Citizen Parent (Child Citizenship Act of 2000)
For a child (who was under 18 years old after February 27, 2001) to obtain U.S. citizenship through their U.S. citizen parent, the following must be satisfied:
- (1)
- One parent is a U.S. citizen (by birth or naturalization)
- (1)
- One parent is a U.S. citizen (by birth or naturalization)
- (2)
- If the parent became a U.S. citizen by naturalization, the child must have been under 18 years old at the time of naturalization
- (3)
- The child resides in the United States as a green card holder (children overseas or children of U.S. government or military employees overseas do not need to satisfy this requirement)
- (4)
- The child is under the physical and legal custody of the U.S. citizen parent
If the parents are legally separated or divorced, legal custody will be given to the U.S. citizen that has the primary care, control and maintenance of a minor child based on a court order or the relevant laws of their state or country of residence. Joint custody may also show legal custody of the child.
The child themselves should be:
- Biological child who lives together with both their married natural parents
- Biological child who lives together with a surviving natural parent (the other parent has passed away)
- Biological child who was born out of wedlock (i.e., parents were not married at the time of their birth) but has been legitimated (e.g., legally acknowledged) and lives together with the natural U.S. citizen parent
- Adopted children (or orphans) before 16 years old (or 18 years old if the adopted child is the natural sibling of the first adopted child)
＊Step children cannot derive U.S. citizenship through a U.S. citizen step-parent
Adopted Children
An adopted child can obtain U.S. citizenship through an adoptive U.S. citizen parent if (1) the adoption was finalized before the age of 16, (2) the adoptive parents had legal custody for 2 years (which can be before or after the adoption), and (3) the child has lived with the adoptive parents for 2 years (which can be before or after the adoption).
The legal custody must have been gained through a formal court procedure. If the adopted child continued to live in the same house as their biological parent during the 2-year residence requirement, the adoptive parents must show that they had exercised primary parental control over the adopted child.
The adopted child’s natural sibling can also obtain U.S. citizenship through the adoptive U.S. citizen parent if that natural sibling is (1) under 18 years old, (2) the natural sibling shares at least one biological parent with the adopted child, and (3) has been adopted or will be adopted by the same adoptive parents.
Adopted Orphan
Adopted children who are orphans can also obtain U.S. citizenship through the adoptive U.S. citizen parent if the child (1) qualifies as an “orphan,” (2) is under 16 years old, and (3) is adopted overseas or is coming to the United States to be adopted by a U.S. citizen. The adopted orphan’s natural sibling can also obtain U.S. citizenship through the adoptive U.S. citizen parent if that natural sibling is (1) under 18 years old (2) shares at least one biological parent with the adopted orphan child, and (3) has been adopted or will be adopted by the same adoptive parents.
A child can be an orphan due to the death, disappearance, abandonment, desertion, separation, lost from both parents, or if the sole surviving parent is not capable of taking care of the child. The U.S. citizen parent must be either married or be at least 25 years old and have personally seen the orphan child before the adoption (or have satisfied all preadoption requirements of the orphan’s proposed residence).
A child born outside of the United States will still have U.S. citizenship when both parents are U.S. citizens or at least one of the parents is a U.S. citizen. The child obtains their U.S. citizenship through the concept of jus sanguinis where the child is given U.S. citizenship from their parent(s) because of their right of blood. The requirements and documents needed for the child’s U.S. citizenship are different depending on whether both parents are U.S. citizens, the gender of the U.S. citizen parent that the child will be obtaining their U.S. citizenship through, the law when the child was born, and if the parents were legally married at the time of the child’s birth.
Different Scenarios of Children Born to U.S. Citizens Overseas
When a child of a U.S. citizen is born outside the United States, the proof of U.S. citizenship application will require different evidence based on the specific situation. A Child born in wedlock means that the parents were legally married when the child was born. A child born out of wedlock means that the parents were not legally married when the child was born.
The 4 main subcategories of children born to U.S. citizen(s) overseas:
- Born in Wedlock to 2 U.S. Citizens: One U.S. citizen parent must show residence in the United States before the child was born.
- Born in Wedlock to 1 U.S. Citizen (and 1 noncitizen): The U.S. citizen parent must show physical presence in the United States or outlying possession for 5 years before the child was born and 2 years (of that 5-year period) must be after the U.S. citizen parent was 14 years old. If the U.S. citizen parent is not able to show the required time of the physical presence in the United States, the child’s U.S. citizen grandparents’ physical presence in the United States can be used as an alternative. This applies to children born on or after November 14, 1986.
＊For children born from December 24, 1952 to November 13, 1986, the U.S. citizen parent must have physical presence in the United States or outlying possession for 10 years before the child was born and 5 of the 10 years must be after the U.S. citizen parent was 14 years old.
＊＊A child born in wedlock can obtain U.S. citizenship through a nonbiological U.S. citizen father.
- Born out of wedlock to 1 U.S. Citizen Mother (and 1 Noncitizen Father): The U.S. citizen mother must show physical presence in the United States or outlying possession for 1 continuous year before the child was born. This applies to children born on or after December 23, 1952.
- Born out of wedlock to 1 U.S. Citizen Father (and 1 Noncitizen Mother): The U.S. citizen father must show they (1) had U.S. nationality when the child was born, (2) have a blood relationship with the child, (3) agreed in writing to financially support the child until they turn 18 years old, and (4) the child was legitimated under the law of their residence or domicile, or the father acknowledges paternity of the child in writing under oath, or the paternity of the child is established by a court judgment before the child turned 18 years old.
Legitimation means that a child who was born to unmarried parents will be legally seen as a child who was born to married parents.
Physical Presence and Residence
Physical presence and residence have different meanings. Physical presence is merely time spent physically (can be temporary) in the United States whereas residence (cannot be temporary) usually means that the person was living in their main household that is situated in the United States. For example, a U.S. citizen who spends most of their time overseas and only travels to the United States for vacations will typically not be seen as having a residence in the United States (as their main household is overseas) however the vacations spent in the United States will be calculated as their physical presence.
For parents who naturalized into a U.S. citizen, the time spent physically in the United States both before and after becoming a U.S. citizen can be counted toward the time requirements for the U.S. citizenship transmission.
There are five main requirements that need to be satisfied to prove U.S. citizenship: evidence must be provided to the USCIS or DOS to show that (1) the child is under 18 years old if using the Child Citizenship Act of 2000 as basis, (2) at least 1 parent is a U.S. citizen, (3) the child is under the physical and legal custody of the U.S. citizen parent, (4) the child is a green card holder or is on a lawful nonimmigrant visa (if the child primarily lives overseas) and (5) all other additional (e.g., physical presence, U.S. residence) requirements are met.
Under different scenarios, additional requirements must be satisfied (for most cases):
- For U.S. citizen parents who were naturalized, their child must have been under 18 years old at the time of the U.S. citizen parent’s naturalization.
- For children born to 2 U.S. citizens who were married at the time of birth, at least one U.S. citizen must show they had residence in the United States before the child was born.
- For children born to 1 U.S. citizen and 1 noncitizen who were married at the time of birth, the U.S. citizen must show physical presence in the United States or outlying possession for 5 years before the child was born and 2 years (of that 5-year period) must be after the U.S. citizen parent was 14 years old. Grandparents’ physical presence in the United States can be used as an alternative if the U.S. citizen parent cannot satisfy the requirement.
- For children born to 1 U.S. citizen mother and 1 noncitizen father who were not married at the time of birth, the U.S. citizen mother must show physical presence in the United States or outlying possession for 1 continuous year before the child was born.
- For children born to 1 U.S. citizen father and 1 noncitizen mother, the U.S. citizen father must show (1) the father had U.S. nationality when the child was born, (2) there is a blood relationship to the child, (3) the father agreed in writing to financially support the child until they turn 18 years old, (4) the child was legitimated under the law of the child’s residence or domicile, or the father acknowledged the paternity of the child in writing under oath, or the paternity of the child is established by a court judgment.
Documents Required for the Proof of U.S. Citizenship Application
The evidence provided to the USCIS or DOS for the proof of U.S. citizenship application must show:
N-600 Certificate of Citizenship (Child is Automatically a U.S. Citizen)
Children residing in the United States automatically become a U.S. citizen if:
- (A)
- Child is under 18 years old if filed under the Child Citizenship Act of 2000
- Birth certificate
- Two passport photos
- (B)
- At least 1 parent is a U.S. citizen
- U.S. passport (valid)
- Birth certificate
- Naturalization Certificate or Certificate of Citizenship (issued by the USCIS)
- Consular Report of Birth Abroad (Form FS-240) issued by a U.S. consulate or embassy
- (C)
- Child is a lawful permanent resident
- U.S. permanent resident card (Form I-551 green card)
- (D)
- U.S. citizen parent has legal and physical custody of the child
- Marriage certificate of the parents
- Documents that show termination of prior marriages of each parent (e.g., divorce decree, annulment order, death certificate of prior spouse)
- Documents that show legal name change of child, parents, grandparents, or legal guardians (it can include court judgment of name change, marriage certificate, divorce decree, adoption decree)
- Documents that show legal custody of the child in cases where the child is adopted or the parents are legally separated or divorced
- Documents that show legitimation based on the laws of the child’s residence or domicile or father’s residence or domicile in cases where the child is born out of wedlock
For adopted children, additional documents must be provided:
- Final adoption decree (must have taken place before the child turned 16 years old and it should include the name of the adoptive parents, the date and place of adoption)
- Documents that show there were 2 years of legal custody of the adopted child
- Documents that show there were 2 years of joint residency (living at the same address) with the adopted child
For adopted orphans, additional documents must be provided:
- Approval notice of orphan petition and supporting documentation (except home study)
- U.S. permanent resident card (Form I-551 green card) of child under the IR3 (orphan adopted overseas by a U.S. citizen) or IR4 (orphan to be adopted by a U.S. citizen) classification
- [Adoption under the Hague Convention] Approval notice of the Convention adoptee petition and supporting documentation
- U.S. permanent resident card (Form I-551 green card) of child under the IH3 (Hague Convention Orphan adopted overseas by a U.S. citizen) or IH4 (Hague Convention Orphan to be adopted by a U.S. citizen) classification
N600K Application for Citizenship and Issuance of Certificate
Children residing outside the United States can apply for naturalization if:
- (A)
- Child is under 18 years old if filed under the Child Citizenship Act of 2000
- Birth certificate
- Two passport photos
- (B)
- At least 1 parent is a U.S. citizen
- U.S. passport (valid)
- Birth certificate
- Naturalization Certificate or Certificate of Citizenship (issued by the USCIS)
- Consular Report of Birth Abroad (Form FS-240) issued by a U.S. consulate or embassy
- (C)
- U.S. citizen parent or grandparent meets certain physical presence requirements in the United States or an outlying possession
- School attendance records
- School transcripts
- Utility bills
- Medical records
- Vaccination records
- Deeds
- Mortgages
- Rental leases
- Car registrations
- Employment records
- Professional licenses
- Social Security reports
- Census records
- Income tax Records (W2 salary forms)
- Paystubs
- Property tax records
- Contracts
- Insurance policies
- Payment receipts
- Military records
- Attestations from unions, churches, or other organizations
- Attestations from third-party person with personal knowledge
- (D)
- U.S. citizen parent has legal and physical custody of the child or a person who has legal and physical custody of the child does not object to the naturalization if the U.S. citizen parent has passed away
- Marriage certificate of the parents
- Documents that show termination of prior marriages of each parent (e.g., divorce decree, annulment order, death certificate of prior spouse)
- Documents that show legal name change of child, parents, grandparents, or legal guardians (it can include court judgment of name change, marriage certificate, divorce decree, adoption decree)
- Documents that show legal custody of the child in cases where the child is adopted or the parents are legally separated or divorced
- Documents that show legitimation based on the laws of the child’s residence or domicile or father’s residence or domicile in cases where the child is born out of wedlock
For adopted children, additional documents must be provided:
- Final adoption decree (must have taken place before the child turned 16 years old and it should include the name of the adoptive parents, the date and place of adoption)
- Documents that show there were 2 years of legal custody of the adopted child
- Documents that show there were 2 years of joint residency (living at the same address) with the adopted child
For adopted orphans, additional documents must be provided:
- Approval notice of orphan petition and supporting documentation (except home study)
- U.S. permanent resident card (Form I-551 green card) of child under the IR3 (orphan adopted overseas by a U.S. citizen) or IR4 (orphan to be adopted by a U.S. citizen) classifications
- [Adoption under the Hague Convention] Approval notice of the Convention adoptee petition and supporting documentation
- U.S. permanent resident card (Form I-551 green card) of child under the IH3 (Hague Convention Orphan adopted overseas by a U.S. citizen) or IH4 (Hague Convention Orphan to be adopted by a U.S. citizen) classifications.
- (E)
- Child is lawfully present in the United States for the completion of the naturalization
- Passport of the child
- Arrival/Departure Record (Form I-94)
The original statutory wording for the evidentiary requirements of U.S. citizenship at birth can be found in 8 CFR 341.2(a).
The total time that the proof of a U.S. citizenship application (for U.S. citizen’s children) takes is consisted of the processing time for the (1) U.S. citizenship certificate application (Form N-600 or Form N-600k) with the USCIS or U.S. passport application (DS-11) with the DOS and the (2) in-person interview and completion of the oath of allegiance.
A rough estimate of the proof of U.S. citizenship application (Form N-600) filed within the United States can be from 2.5 to 27.5 months (with an average of around 15 months). A rough estimate of the proof of U.S. citizenship application (Form N-600k) filed overseas (outside the United States) can be from 2.5 to 37.5 months (with an average of around 20 months). A rough estimate of the scheduling of the interview and oath of allegiance would be from 3 to 6 months. Current estimates of the processing time can be checked here.
A rough estimate of the U.S. passport application (DS-11) would be from 3 to 4 months, however, there are expedited services (e.g., 3 business days, 5 to 7 weeks) for the U.S. passport application with additional fees.
Factors that influence the proof of U.S. citizen application processing time usually include but are not limited to if there was any Request for Evidence (“RFE”) issued, and the caseload of the USCIS service center, U.S. Department of State, or U.S. consulate or embassy.
General Process of the Proof of U.S. Citizenship Application
There are four main steps for a person to obtain their U.S. citizen through birth:
Step 1: Filing the Proof of U.S. Citizenship Application (Form N-600 or Form N-600k) to the USCIS or U.S. Passport Application (DS-11) to the DOS
For children who are green card holders in the United States, the certificate of citizenship application (Form N-600) should be filed with the USCIS. For children living overseas (outside the United States), the citizenship and issuance of certificate application (Form N-600k) should be filed with the USCIS. The alternative is to file for a U.S. passport application (DS-11) with the DOS.
Step 2: Fingerprint Appointment (Biometrics)
The child will be notified of their fingerprinting appointment at the USCIS Application Support Center or at the U.S. consular office if the child is overseas. Children already in the United States should bring the USCIS notice letter, their Permanent Resident Card (green card), and a second form of identification that has a photograph on it (such as a passport, driver’s license, state identification card) to the fingerprinting appointment. During this stage, the FBI will conduct a criminal background check based on the fingerprints collected and USCIS may request additional documents.
Step 3: In-Person Interview
Generally, the child and the U.S. citizen parent or legal guardian (if they applied on behalf of a child under 18 years old) will need to attend an in-person interview. The interview requirement can only be waived if the documents are enough in the administrative records of the USCIS or if the application is attached with a consular report of birth abroad (FS-240), child’s valid U.S. passport (that was issued for a full 5- or 10-year period), or a certificate of naturalization of the child’s parents(s).
Step 4: Oath of Allegiance for Children Residing Overseas (Form N-600k Applications)
For children who mainly reside overseas and filed for a citizenship and issuance of certificate application (Form N-600k), they will be required to take the U.S. Oath of Allegiance in the United States. The child will publicly swear allegiance to the United States in a ceremony administered by the USCIS or a court. Typically, the U.S. Oath of Allegiance is waived for applicants who are under 14 years old.
A person can be obtain U.S. citizenship by being born on U.S. land or being born overseas to U.S. citizen parents. Proof of U.S. citizenship applications are for children born to U.S. citizen parent(s) to obtain their U.S. citizenship. For children born on U.S. land, their U.S. citizenship is given to them by the U.S. land itself so the child’s parents do not need to be U.S. citizens themselves. For example, the child born on U.S. land will still be a U.S. citizen even though the child’s parents are both Taiwanese (noncitizens).
For children born overseas (outside the United States), their U.S. citizenship can be given to them by just having one parent being a U.S. citizen. For example, a U.S. citizen married a Taiwanese citizen overseas, the couple’s child would be able to obtain their U.S. citizenship through that one U.S. citizen parent. The child born overseas should be under 18 years old and the U.S. citizen parent should have physical and legal custody of the child. Certain adopted children can obtain U.S. citizenship through a U.S. citizen adoptive parent, however, step-children cannot. Generally, it is best to obtain a U.S. passport for the child as proof of U.S. citizenship.
If you have a U.S. citizenship (U.S. citizen’s children obtaining their U.S. citizenship) related immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify if the client is eligible to obtain U.S. citizenship. We will work closely with our clients to prepare their proof of U.S. citizenship application and we will also strategize on how the application should be presented in the filings and in the interview to achieve the best chances of approval. It is advised and common practice to retain an immigration attorney for certain unusual proof of U.S. citizenship applications due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued