A person born in the United States who is subject to the jurisdiction of the US is a US citizen at birth. The principle of birthplace-based citizenship (known by its Latin name, jus soli) is guaranteed by the US Constitution.
After being born in America, US citizens are free to live anywhere in the world without loss of their US nationality. However, living exclusively overseas might impact the ability of a US citizen to transmit US citizenship to their children born overseas.
In addition to jus soli, pathways to US citizenship include birth overseas to a US citizen parent and naturalization.
Our law firm advises and guides clients with US citizenship matters.
A Consular Report of Birth Abroad (CRBA) is an official document issued by the US Department of State that certifies the acquisition of US citizenship at birth for a child born abroad to a US citizen parent.
In some cases, children who are born abroad to a US citizen parent acquire US citizenship at birth. However, the US citizen parent(s) must meet certain requirements related to residence or physical presence in the US. This principle of transmission of US citizenship from parent to child is known as jus sanguinis.
A lifetime spent exclusively overseas might impact the ability of a US citizen to transmit US citizenship to their children born overseas.
It is possible for a child born outside of the US to a parent with US citizenship to acquire US citizenship at birth even if the other parent is not a US citizen.
Under certain circumstances, children born out of wedlock can also acquire US citizenship at birth.
The child of a US citizen mother or father who is married to the child’s genetic or gestational parent at the time of the child’s birth may acquire US citizenship at birth if both parents are recognized as the child’s legal parents (even if no genetic or gestational relationship exists with the US citizen mother). The child of a US citizen surrogate mother who is recognized as the child’s legal parent may also acquire US citizenship at birth.
Naturalization is the legal process to become a US citizen after being born outside of the US.
A Certificate of Naturalization is an offical document that is issued by USCIS when a foreign national successfully completes the process for becoming a US citizen.
The typical pathway to naturalization includes acquiring US lawful permanent resident status and either:
“Continuous residence” refers to the time someone resided lawfully in the US without any single absence long enough to disrupt that continuity for naturalization purposes. If someone with lawful permanent resident (LPR) status leaves the US for too long, that may interrupt that person’s continuous residence. For example, if LPRs leaves the US for more than 12 months (even if they have a re-entry permit), they have disrupted their continuous residence.
If someone has a re-entry permit and leaves the US for 12 months or longer, that person may be eligible to re-enter the US as a Lawful Permanent Resident. However, none of the time spent in the US before leaving the country counts toward time in continuous residence.
The above notwithstanding, if green card holders return to the US within two years, the last 364 days of their time out of the country count toward their continuous residence.
“Physical presence” means that a green card holder has actually been in the US during the period required for naturalization. Typically naturalization applicants must be physically present in the United States for a certain number of months to be eligible for US citizenship.
Special caveats and exceptions exist for individuals who are abroad on US government orders (eg, active military members).
In certain instances when urgent travel is required, it is possible to expedite the processing of an application for a US passport.
Absolutely! If you have questions or would like support with an application for a US passport, Consular Report of Birth Abroad or Certificate of Naturalization, contact our law firm.
Our law firm offers 30-minute video consultations for US citizenship matters. Appointments for the consultations can be made directly on our website.
During the consultation you will be explained the requirements, processing time and governmental fees involved in application process for a US passport. The consultation is relevant for those who are applying for a new US passport, a replacement US passport, a Consular Report of Birth Abroad or a Certificate of Naturalization.
You will also receive feedback on aspects of your case that may weaken or strengthen your application.
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