Citizenship by Birth

Most people born in the U.S. never think about how they became U.S. citizens. However, citizenship through birth in the country is not common in other parts of the world. There are two main pathways to citizenship by birth in the United States.

The first applies to anyone born on American soil. People born in the U.S. are automatically citizens, barring certain rare limitations. Children born to a U.S. citizen parent overseas are citizens through a process known as “acquisition of citizenship.” The second way applies to anyone born to foreign parents who become naturalized while their child is still young. This process is “derivation of citizenship,” which functions as a form of automatic naturalization after birth.

Citizenship by birth gives you the rights and obligations of being a U.S. citizen without having to go through naturalization. However, some individuals with citizenship by birth may have to show evidence that they are American citizens. For more information about American citizenship and your constitutional rights, talk to an experienced immigration lawyer.

When You Are Born on United States Soil

Those born on United States soil (except for the children of foreign diplomats and other types of foreign government officials) are automatically citizens of the United States. This is birthright citizenship or right of the soil (jus soli).

The citizenship clause of the Fourteenth Amendment to the U.S. Constitution guarantees birthright citizenship to any child born within the jurisdiction of the United States. United States citizenship granted by being born on U.S. soil is lifelong, unless you formally file an oath to renounce that citizenship.

In some cases, people who want to become United States citizens are unaware that they are already citizens. For example, it is not uncommon for a person who was born on U.S. soil but grew up overseas to believe that they lost their U.S. citizenship status, but this would not be true.

“When You Are Born to a U.S. Citizen”

Those who are born to one or more U.S. citizens can automatically have United States citizenship through a process known as ‘acquisition’—generally applicable when the child is born outside the United States and its territories. As a U.S. citizen, you may transmit citizenship to your children at the time of birth if you meet specific U.S. physical presence requirements.

The laws that apply to citizenship by acquisition are complex. Congress has changed and revised immigration laws throughout history. For example, depending on when you were born, an out-of-wedlock birth and the citizenship of both of the child’s parents could be factors that affect your legal immigration status.

The last time the acquisition of citizenship and nationality laws changed was in February 2001 with the Child Citizenship Act of 2000. Before that, key dates that could affect your acquisition of citizenship process occurred in 1986, 1952, 1941 and 1934.

It is not uncommon for individuals who were born to U.S. parents to not know that they can qualify for U.S. citizenship. In some cases, people may mistakenly believe they can qualify for U.S. citizenship through their grandparents, but U.S. law does not provide for citizenship through grandparents.

Derivation of Citizenship Through Naturalized Parents

A lawful permanent resident (LPR) child of naturalized parents can become a citizen. To qualify, the child must be a green card holder, under the age of 18, and have naturalized parents. The child must be living with the naturalized parent if they want to benefit from the derivation of citizenship laws. Unlike the naturalized parents, children who qualify for derivation of citizenship will not need to apply for or pass naturalization tests.

Just like the laws relating to acquiring citizenship, the laws for the derivation of citizenship have changed over the years. It is important to look at the date of your parents’ naturalization to determine eligibility. Important dates of rule changes pertaining to the derivation of citizenship occurred in the years 2001, 1978, 1952, 1941, and 1934.

There are many young green card holders living in the United States right now who are unaware that they automatically gain citizenship when their parents become naturalized.

History of Birthright Citizenship

Historically, birthright citizenship did not apply to everyone. In Dred Scott v. Sandford, the U.S. Supreme Court found that Black people, whether freed or enslaved, could not be U.S. citizens. Enslaved people did not enjoy the benefits of citizenship until after the Civil War.

The 14th Amendment overturned the Dred Scott case, granting citizenship to all persons born and naturalized. However, many people still faced citizenship challenges despite being born in the U.S. In United States v. Wong Kim Ark, a child born in the U.S. to Chinese parents was denied reentry to the country. The Supreme Court found the 14th Amendment citizenship clause granted citizenship to a child born in the U.S. to non-citizen parents.

Native Americans did not have automatic citizenship until 1924. The Indian Citizenship Act of 1924 granted citizenship to all Native Americans born within the territory of the U.S.

Getting Help With Citizenship by Birth Issues

Citizenship by birth laws have changed so many times over the years. You may wish to discuss your citizenship legal status with a qualified immigration law attorney. Prior to filing any kind of paperwork to claim your citizenship, confirm your legal rights with an attorney familiar with the law.

An immigration attorney understands the latest immigration laws and executive order changes. An attorney can answer your citizenship questions and help you with immigration issues. Contact a citizenship and immigration lawyer for legal advice.