Is my child born outside the US a citizen?

This page is about children who may have been U.S. citizens from birth. It is general information, not legal advice. Children who became citizens later, through a parent's naturalization, are covered on Did my child become a citizen when I did?

How does a child born abroad become a citizen at birth?

No application makes it happen. If the law's conditions were met on the day of birth, your child is a citizen, with or without papers. The papers only prove it.

In general, three things must be true at the time of birth:

1. The child is the child of a U.S. citizen parent.
2. That parent had lived, or been physically present, in the U.S. long enough before the birth.
3. Any extra rules for the family's situation are met, for example the rules for unmarried fathers.

The rules have changed many times over the years. USCIS looks at the law that was in effect on the day the child was born. The rules below are today's rules. If your child (or you) was born many years ago, older rules may apply. USCIS publishes nationality charts for older dates in the Policy Manual, and a lawyer can help you read them.

"Physically present" means days you were actually inside the U.S. Trips abroad don't count. Time abroad can count in special cases: honorable service in the U.S. armed forces, work for the U.S. government or certain organizations, or living abroad as the unmarried dependent child of such a person.

What if the parents were married?

USCIS treats a child as born "in wedlock" when the legal parents were married to each other at the birth and at least one of them is the genetic or birth parent. The time a citizen parent needs before the birth depends on the other parent:

The last row is the most common. It applies to children born on or after November 14, 1986. Before that date, the law required 10 years, with 5 after age 14 (8 U.S.C. 1401(g) and its 1986 amendment note). Count carefully. A parent who moved abroad young may fall short. For example, a mother who lived in the U.S. only from birth to age 12 has not met the "2 years after age 14" part, even if the total is more than 5 years.

What if the parents were not married?

The rules depend on which parent is the citizen and, for mothers, the date of birth.

Citizen father. All of these must be true:

• The blood relationship is shown by clear and convincing evidence.
• The father was a U.S. citizen at the birth.
• The father agreed in writing to support the child until age 18. This is not needed if he died before the child turned 18.
• Before the child turned 18, one of these happened: the child was legitimated under the law where the child or father lived, the father acknowledged paternity in writing under oath, or a court established paternity.
• The father met the physical presence rule. For a child born on or after November 14, 1986: 5 years in the U.S., at least 2 after age 14.

The written support agreement can take many forms. USCIS lists examples like a past Affidavit of Support (Form I-134 or I-864), military DEERS enrollment, or a written acknowledgment in a place where that legally creates a duty to support.

Citizen mother.

Why the change in 2017? On June 12, 2017, the Supreme Court decided Sessions v. Morales-Santana. It held that giving unwed citizen mothers an easier rule than unwed citizen fathers was unequal treatment. Instead of making the fathers' rule easier, the Court applied the longer 5 year rule to everyone going forward. So children of unwed citizen mothers born on or after June 12, 2017 need the 5 year rule. Children born before that date still get the 1 year rule.

Both parents citizens, not married. For a child born on or after November 14, 1986, the child is a citizen if the mother had 1 continuous year in the U.S. before the birth, or the father meets all the unmarried father rules. For a child born on or after June 12, 2017, the mother can also qualify with 5 years, 2 after age 14.

What about adoption?

For these at birth rules, USCIS requires that at least one legal parent be the child's genetic or birth parent. So adopted children usually do not become citizens at birth. They may become citizens later through other rules, such as the automatic rule for green card holder children. See Did my child become a citizen when I did? and talk with a lawyer.

How do we prove it?

There are three kinds of proof. Each works on its own:

• Consular Report of Birth Abroad (CRBA, FS-240). A parent or guardian applies at the U.S. embassy or consulate while the child is abroad. It never expires.
• U.S. passport. Apply with the State Department, abroad or in the U.S. A valid passport proves citizenship. Once it expires, it is no longer conclusive proof, so keep it renewed and keep your other papers.
• Certificate of Citizenship from USCIS (Form N-600). For people living in the U.S. It never expires. A parent or guardian files for a child under 18. Adults 18 and over file for themselves.

You don't need all three. Many families get a CRBA and passport while abroad. People in the U.S. often start with a passport because it costs less, then file an N-600 if they want a permanent certificate.

Who applies for a CRBA, and where. Federal rules say a parent or the child's legal guardian applies, usually at the embassy or consulate for the area where the child was born (22 CFR 50.5). The application fee is $100 (22 CFR 22.1).

What do I need for Form N-600?

USCIS lists these documents, if they apply to you:

• The child's birth certificate
• The parents' marriage certificate, and proof any earlier marriage ended (divorce decree or death certificate)
• Proof of the parent's U.S. citizenship: U.S. birth certificate, naturalization certificate, CRBA, a valid U.S. passport or a Certificate of Citizenship
• For a child born to unmarried parents: legitimation papers, the father's written support agreement, paternity papers
• Proof of the parent's time in the U.S. before the birth
• Proof of any legal name changes

Proving years in the U.S. is the hard part. Gather school transcripts, tax transcripts, pay records, leases, medical records and military records from before the birth. Pick papers that show dates. Your own parents' records may help if you were a child in the U.S.

Filing. File online through a USCIS account, or on paper if you need a fee waiver or live abroad. From California, paper N-600s go to the USCIS Phoenix Lockbox. Check the N-600 page for the address the day you mail. USCIS will usually set a photo appointment. USCIS may skip the interview if you already sent a CRBA, an unexpired full validity passport or the parent's naturalization certificate.

Fee. $1,385 on paper or $1,335 online. You may ask for a fee waiver with Form I-912, but only on paper. For help with fees, see How much citizenship costs.

If USCIS denies the N-600, you can appeal within 30 days (33 if the decision was mailed).

What if the parent did not have enough time in the U.S.?

Then the child probably did not become a citizen at birth. That is hard news, and there may still be a path:

• If the child moves to the U.S. with a green card and lives with the citizen parent before age 18, the child may become a citizen automatically. See Did my child become a citizen when I did?
• For a child under 18 who lives abroad, USCIS has a separate process, Form N-600K, under section 322 of the law (USCIS Policy Manual, Volume 12, Part H, Chapter 5). In short:
  • The child has a U.S. citizen parent (by birth or naturalization, including an adoptive parent) and lives abroad in that parent's legal and physical custody.
  • The citizen parent was physically present in the U.S. for 5 years, with 2 after age 14. If the parent falls short, the child may use the time of a U.S. citizen grandparent (the citizen parent's own mother or father), under the same 5 and 2 rule.
  • The child must be lawfully admitted to the U.S., be here in lawful status when USCIS approves the case, and take the oath here, unless USCIS waives the oath.
  • The child must be under 18. Plan so that approval and the oath happen before the 18th birthday.
  • The fee is the same as Form N-600: $1,385 on paper or $1,335 online (checked October 19, 2026). Some children of U.S. armed forces members do not need to come to the U.S. Ask a lawyer before you start.

What mistakes should I avoid?

• Counting time after the birth. Only time before the birth counts.
• Forgetting the "2 years after age 14" part.
• Using today's rules for someone born decades ago.
• Assuming an unmarried father's name on a foreign birth certificate is enough. USCIS also needs legitimation or acknowledgment, and a support agreement.
• Letting the only proof be an expired passport.
• Claiming to be a citizen (for voting, a job form or a passport) when you are not sure. Get a lawyer's opinion first, because a false claim can have serious consequences.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto: 650-326-6440. Walk in help Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road.
• Immigration Institute of the Bay Area, Redwood City: consultations by appointment, (650) 587-1558.
• SIREN, San Jose: (408) 453-3003, by appointment.
• Asian Law Alliance, San Jose: (408) 287-9710.
• Anywhere in California: the state's map of free immigration legal services, or (916) 651-8017.

Only an attorney or a DOJ accredited representative may give you legal advice. See Free legal help in the Bay Area and Find a lawyer you can trust.

Questions people ask

I'm a U.S. citizen who grew up abroad. Can my baby still be a citizen? Maybe. Count your days in the U.S. before the baby's birth. If the other parent is not a citizen, you need 5 years, with 2 after you turned 14. Visits count only for the days you were actually here.

My child is 25 and never got papers. Is it too late? No. If your child became a citizen at birth, they are still a citizen. Adults can file their own N-600 or apply for a passport. Because old rules may apply, ask a lawyer.

Does a CRBA or Certificate of Citizenship expire? No. A passport does.

We were married in a religious ceremony only. Does that count? It depends on whether the marriage was legally valid where it took place. Ask a lawyer.

Is there a worksheet I can print?

Your child's story started somewhere else, and it can still be fully American. Gather the papers, ask for help, and take the next step.