2141.1 Citizens at Birth

With the exception of individuals born in the U.S. to foreign sovereigns or diplomatic officers, all individuals born in the United States are U.S. citizens. In addition, many persons born in the U.S. territories are also citizens. Most other individuals born outside of the U.S. must become citizens through naturalization. However, certain children born outside the United States establish citizenship at birth without completing the naturalization process. These individuals are also considered citizens at birth. Although individuals who meet the criteria were issued immigration documents in order to enter the United States, some may not have obtained a Certificate of Citizenship from the Department of Homeland Security, formerly INS.

Foreign-born individuals born to or adopted by at least one citizen parent are potentially considered citizens at birth. The following rules shall be considered when determining if a foreign-born individual is a citizen at birth.

For persons born on or before January 13, 1941, at least one parent is a citizen who lived in the U.S. prior to the child's birth.

For persons born between January 14, 1941, and November 13, 1986, - If both parents are citizens, at least one resided in the U.S. prior to the child's birth. If one parent is a U.S. citizen; the citizen parent must have lived in the U.S. for at least 10 years.

For persons born after November 14, 1986, who are over the age of 18 - If both parents are citizens, at least one resided in the U.S. prior to the child's birth. If one parent is a U.S. citizen; the citizen parent must have lived in the U.S. for at least 5 years.

For children under age 18 - The Child Citizenship Act of 2000 went into effect on February 27, 2001, and provides automatic citizenship to certain foreign-born children. Automatic citizenship occurs on the date the following criteria have all been met: The child has at least one U.S. citizen parent (by birth or naturalization) The child is currently residing permanently in the United States in the legal and physical custody of the U.S. citizen parent; and The child is a lawful permanent resident.

This includes both natural and adopted children. These children generally enter the county with an IR-3 visa. It is not a requirement that the above criteria are achieved in a specified order, rather that the automatic citizenship is conferred upon the child on the date when all criteria have been achieved. Individuals who were under 18 and living in the U.S. on February 27, 2001, and met the new criteria also became citizens on that date.

See 2145 for citizenship documentation requirements.