Whether someone born outside the United States to a U.S. citizen parent or parents is a U.S. citizen depends on the law in effect when the person was born.

These laws have changed over the years, but usually require a combination of at least one parent being a U.S. citizen when the child was born and having lived in the U.S. or its possessions for a period of time. Additionally, children born outside the United States may become citizens after birth based on their parent’s citizenship or naturalization.

A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):

• At least one parent of the child is a U.S. citizen, whether by birth or naturalization.
• The child is under the age of 18 years.
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.
• An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA. See the “INA” link to the right.

To qualify as a “child” for purposes of this section 320 of the INA, the individual must be unmarried.  Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA.  Finally, a stepchild who has not been adopted does not qualify as a child under this section.

A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application.  However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. See the “Citizenship and Naturalization Based Forms” link to the right. To obtain a U.S. Passport, see the “Apply for a U.S. Passport, Department of State” link to the right.

Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. To read the CCA, see the “Child Citizenship Act” link to the right.  A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA.

Biological or adopted children who regularly reside outside of the United States may qualify for naturalization under section 322 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA). In general, to be eligible for citizenship under section 322 of the INA, a child must meet the following requirements:

• At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death.
• The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14.
• The child is under the age of 18 years.
• The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application).
• The child is temporarily present in the United States after having entered lawfully and is maintaining lawful status in the United States.
• An adopted child may be eligible for naturalization under section 322 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA. See the “INA” link to the right.

To qualify as a “child” for purposes of this section, the person must be unmarried.  Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA.  Finally, a stepchild who has not been adopted does not qualify as a child under this section.

An application on behalf of an eligible child must be filed on Form N-600K, Application for Citizenship and Issuance of Certificate under section 322 of the INA. See the “Citizenship and Naturalization Based Forms” link to the right.  The Form N-600K must be filed on behalf of the child by the U.S. citizen parent.  If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or U.S. citizen legal guardian may apply on behalf of the child within 5 years of the parent's death.

To obtain citizenship under section 322 of the INA, the application must be filed, approved, and the child must take the oath of allegiance, if required to do so, before the child reaches age 18.

Note: For children of some members of the military who are overseas on active duty, section 322(d) of the INA waives the requirement that the child be temporarily present in the United States and provides that any period of residence overseas on active duty qualifies as residence in the United States.  For more information on children of military members, see the “Information for Members of the Military and Their Families” link to the right.

After naturalization, a child can obtain a U.S. passport if so desired. For more information on applying for a passport, see the “Apply for a U.S. Passport, Department of State” link to the right