Transmitting Citizenship

  1. Transmitting Citizenship
  2. Obtaining a CRBA

Generally, transmission of U.S. citizenship depends on:

  1. At least one parent having the nationality of the United States at the time of the child’s birth;
  2. The existence of a blood relationship between the child and U.S. citizen parent(s);
  3. Documentary evidence demonstrating the U.S. citizen parent(s)’ presence in the United States prior to the child’s birth, as specified below.

Examples of Documentation

Some examples of documentary evidence which may be considered to demonstrate that physical presence requirements have been met may include (but are not limited to):
  • Wage and tax statements (W-2)
  • Academic transcripts.
  • Employment records.
  • Home, apartment and automobile leases; other long-term ental receipts.
  • Records of honorable U.S. military service, employment with U.S. Government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service or employment (except where indicated).
  • U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence. Drivers’ licenses do not constitute evidence of physical presence.

If you have other children who have been issued with a Consular Report of Birth Abroad, this may be considered as supplemental evidence. Please also read important information regarding Supporting Documents.

Transmission Requirements

Child born in wedlock to two U.S citizens:

A child born outside of the United Sates and in wedlock to a U.S citizen mother and U.S citizen father acquires U.S citizenship at birth if one of the parents has been resident in the United Sates or one of its outlying possessions prior to the childs birth.

NOTE – MEANING OF “IN WEDLOCK”: A child is considered to be born in wedlock for the purpose of citizenship acquisition when the genetic and/or gestational parents are legally married to each other at the time of the childs conception or birth, or within 300 days of termination of the marriage by death or divorce, and both parents are the legal parents of the child under local law at the time and place of birth.

Child born in wedlock to one U.S. parent and one non U.S citizen parent (on or after November 14, 1986):

A child born outside outside of the United States and in wedlock to a U.S citizen parent and a non U.S citizen parent, may acquire U.S Citizenship at birth if the U.S Citizen parent has been physically present in the United States or one of its outlying possessions for a period of five years, two of which were after the age of fourteen. The U.S citizen parent must be the genetic or the gestational parent, and the legal parent of the child under loacl law at the time and place of the child’s birth.

Child born out of wedlock to a U.S citizen other:

A child born outside of the United States and out of wedlock to a U.S. citizen mother, on or before June 11, 2017, may acquire U.S. citizenship if the mother was a U.S. citizen at the time of the child’s birth and, if the mother was physically present in the United States for a continuous period of one year (365 days) prior to the birth of the child.

A child born outside of the United States and out of wedlock to a U.S. citizen mother after June 11, 2017, may acquire U.S. citizenship if the mother was a U.S. citizen at the time of the child’s birth, and was physically present in the United States for a period of five years, two of which were after the age of fourteen.

In both cases, the U.S. citizen mother must be the genetic or gestational mother and the legal parent of the child under local law at the time and place of the child’s birth in order to transmit U.S. citizenship.

(NOTE: Periods spent overseas with the U.S. government/military dependent are NOT considered as physical presence in the U.S. for transmission under this category)

Child born out of wedlock to a U.S. citizen other:        
                                                                                                                                

For children born on or after November 14, 1986: A child born out of wedlock to a U.S. citizen father and a non-U.S. citizen mother may acquire U.S. citizenship if the father was a U.S. citizen at the time of the child’s birth and, if the father was physically present in the United States or one of its outlying possessions for five years, two of which were after the age of fourteen. A blood relationship must be clearly established between the father and child.

Additionally, the father (unless deceased) must acknowledge paternity and agree, in writing and before the child turns 18, to support the child financially until the child reaches the age of 18.