If you were born abroad, you might not be a US citizen. Generally, a person born outside of the United States may acquire citizenship at birth if:

• The person has at least one parent who is a US citizen; and 
• The US citizen parent meets the residence or physical presence requirements in the United States or US territory before the person’s birth in accordance with the applicable laws present when the person was born. These laws have been changed over the years.  

There are different rules for children born in and out of wedlock. Talk to a lawyer if at least one of your parents was a US Citizen when you were born. The following outlines the current law.

Child born in wedlock

Child of 2 US citizen parents

A child born outside of the United States acquires citizenship at birth if:

• Both of the child’s parents are US citizens; and
• At least one parent had resided in the United States.

Child of US citizen parent and US national

A child born outside of the United States acquires citizenship at birth if: 

• One parent is a US citizen and the other parent is a US national; and
• The US citizen parent was physically present in the United States for a continuous period of at least one year.

Child of US citizen parent and foreign national parent

A child born outside of the United States acquires citizenship at birth if: 

• One parent is a foreign national and the other parent is a US citizen; and
• The US citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

The US citizen parent’s time abroad counts as physical presence in the United States if the time abroad was:

• As a member of the US armed forces in honorable status;
• Under the employment of the US government or other qualifying organizations; or
• As a dependent unmarried son or daughter of such persons.

Child of a US citizen mother and foreign national father

A child born outside of the United States acquires citizenship at birth if:

• The child was born before noon Eastern Standard Time May 24, 1934;
• The child’s father is a foreign national;
• The child’s mother was a US citizen at the time of the child’s birth; and
• The child’s US citizen mother resided in the United States prior to the child’s birth.

Child born out of wedlock

Child of a US citizen father

The provisions listed above for a child born in wedlock apply to a child born out of wedlock outside of the United States claiming citizenship through a US citizen father if:

• A blood relationship between the child and the father is established by clear and convincing evidence;
• The child’s father was a US citizen at the time of the child’s birth;
• The child’s father, unless deceased, has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and
• One of the following criteria is met before the child reaches 18 years of age:
• The child is legitimated under the law of his or her residence or domicile;
• The father acknowledges in writing and under oath the paternity of the child; or
• The paternity of the child is established by adjudication of a competent court.

The residence or physical presence requirements continue to apply to children born out of wedlock claiming citizenship through their fathers.

Child of a US citizen mother

A child born out of wedlock outside of the US gets citizenship by birth in certain situations. It depends on how recent the birth was.

Before June 12, 2017

A child born after December 23, 1952 and before June 12, 2017 gets citizenship if their mother:, 

• Was a US citizen at the time of the child’s birth; and
• Was physically present in the US for one continuous year prior to the child’s birth.

On or after June 12, 2017

A child born on or after June 12, 2017 gets citizeinship if their mother:

• Was a U.S. citizen at the time of the child’s birth, and
• Was physically present in the US for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14)​.

Acquiring citizenship at birth if you were born abroad to 1 or 2 citizen parents

If you were born in another country to 1 or 2 US citizen parents, your record of birth in the foreign country is proof of your citizenship. To be valid proof of your citizenship, your record of birth must have been registered with the US consulate or embassy.

You may also apply for a passport to have your citizenship recognized.

If you need additional proof of your citizenship, you may file Form N-600, Application for Certificate of Citizenship with USCIS to get a Certificate of Citizenship.

If you meet the requirements for US citizenship by having a US citizen parent before your 18th birthday, you may obtain a passport or Certificate of Citizenship at any time, even after you turn 18.

Acquiring citizenship after birth if you were born abroad to one or 2 citizen parents

Your US citizen parent can apply for you to become a citizen if you're:

• Under 18 years of age,
• Not married,
• Regularly living outside the US,
• Temporarily present in the US with lawful status,
• In the legal and physical custody of a parent who is a US citizen, and
• The US citizen’s legitimate child.

If you’re adopted, you must have been adopted while under the age of 16 and have been in the legal custody of or have lived with your adopting parent for at least 2 years or have been battered or subjected to extreme cruelty by your adopting parent.

Finally, your citizen parent must:

• Have lived at least 5 years in the US, and at least 2 of those years were after the citizen parent’s 14th birthday; or 
• Have a parent (your grandparent) who is also a US citizen, and the grandparent lived in the US for 5 years, at least 2 of which were after the citizen grandparent's 14th birthday, and the grandparent is still living.