Citizenship Through Birth in the U.S.

The Most Common Path to U.S. Citizenship

Citizenship Through an American Parent

See what applies regarding the transmission of U.S. citizenship from parent to child.

Citizenship Through Naturalization

See what applies for applying for U.S. citizenship as a lawful permanent resident.

Citizenship Through Birth in the U.S.

The United States is one of the few countries that grants citizenship to everyone born on its soil, except for children of diplomats. Thus, a child born in the U.S. automatically acquires American citizenship, regardless of the parents’ nationality. However, this does not mean the parents gain any right to remain in the U.S. They may apply for immigration only when the child turns 21—and only under certain conditions. Additionally, women who travel to the U.S. with the intention of giving birth often face difficulties at the border, as border officers frequently oppose this practice. Lastly, childbirth costs in the U.S. are high, with a cesarean section potentially exceeding $20,000.

 

Citizenship Through an American Parent

There are four ways for a child to acquire U.S. citizenship through their parents if the parents are U.S. citizens and the child was born outside the United States. The options depend on factors such as the year of birth, the marital status of the parents, the length of the U.S. citizen parent’s physical presence in the United States, and other specific conditions.

  1. Automatic acquisition of U.S. citizenship: If a child is born in wedlock after November 14, 1986, to a U.S. citizen parent who lived in the United States for at least 5 years prior to the child’s birth (at least 2 of those years after the age of 14), the child automatically acquires U.S. citizenship without any further procedures.
  2. Acquisition of U.S. citizenship under Section 322 of the Immigration and Nationality Act: If the U.S. citizen parent—or one of the child’s U.S. citizen grandparents—lived in the United States for at least 5 years, the child may apply for citizenship before turning 18. Completion of the process requires a brief trip to the United States.
  3. Acquisition of U.S. citizenship under Section 320 of the Immigration and Nationality Act: If the child immigrates to the United States with the U.S. citizen parent who has legal custody before the age of 18, the child automatically acquires U.S. citizenship upon arrival.
  4. Naturalization: If the child is over 18 years old and has not acquired U.S. citizenship, they must go through the naturalization process. The U.S. citizen parent must sponsor them for immigration to the United States, a process that can take several years and requires the child to reside in the U.S. for 5 years before applying for naturalization.

Citizenship Through Naturalization

Naturalization in the U.S. is the process by which foreign nationals acquire American citizenship, and the procedure varies depending on the applicant’s personal situation. It generally requires five years of lawful permanent residence in the U.S., good moral character, knowledge of English, and basic understanding of U.S. history and government. The applicant must also pass an interview and a test before obtaining citizenship.

However, there are expedited processes for certain categories. Spouses of U.S. citizens may apply for naturalization after three years of lawful residence, provided they can prove the ongoing marital relationship with the U.S. citizen. Similarly, members of the U.S. armed forces serving on active duty may obtain citizenship more quickly and without meeting the usual residency or testing requirements.

In both cases, the process is easier and faster compared to the standard procedure, although different requirements may apply depending on the applicant’s specific circumstances and the nature of their service.