There are essentially four ways for a child of a US citizen born outside the US to obtain US citizenship from his or her father or mother. In these cases, the year of birth of the child, whether the child was born during marriage or out of wedlock, whether the US parent had US citizenship at the time of birth, how many years the US parent lived in the US and at what age, whether the US parent intends to immigrate to the US in the near future with his or her family, etc., are of particular importance.

Specifically, the following options are available for a child of a U.S. citizen to become a U.S. citizen:

• Automatic acquisition of U.S. citizenship by birth. In the case of a child born during a marriage after November 14, 1986, to a U.S. parent who lived in the United States for five or more years before the child’s birth (at least two of which were after the U.S. parent turned 14), the child is automatically a U.S. citizen. Even if no action is taken to declare the child to US authorities, the child will be a US citizen and can obtain a US passport at any time in the future. The exact requirements differ for those born before November 14, 1986, those born out of wedlock, or those born to two U.S. parents.
• Obtaining U.S. citizenship under section 322 of the Immigration and Nationality Act. As long as the child’s U.S. parent or a U.S. grandparent has lived in the U.S. for five or more years in the past, at least two of which were after the U.S. parent/grandparent turned 14, the child may apply for U.S. citizenship under section 322 of the INA, as long as the process is completed before the child turns 18. A short trip to the U.S. is required, but it is not necessary that the child or parents intend to immigrate permanently to the U.S.
• Obtaining U.S. citizenship under section 320 of the Immigration and Nationality Act. If the child immigrates with the U.S. parent who has physical and legal custody in the U.S. before the child turns 18, the child can become an immediate U.S. citizen upon arrival in the U.S. on an immigrant visa. Note that the U.S. parent must intend to immigrate to the U.S. – it is not enough to intend to stay in a hotel for a week if they want the child to become a U.S. citizen.
• Obtaining U.S. citizenship through the traditional naturalization process. If the child has already turned 18 without having yet acquired U.S. citizenship, then he or she will have to go through the green card process. That is, the US parent will have to invite the child to immigrate to the US – a process that takes many years in case the child has already turned 21 or is married. After the child immigrates to the US, he or she will have to live in the US for five years and then apply for naturalization as a US citizen.