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Claims to Citizenship

Transmission requirements for U.S. citizenship

Children born abroad to U.S. citizen parents may have a claim to U.S. citizenship. The following is a brief description of the various circumstances under which a child born abroad acquires American citizenship.

Child born in wedlock to two U.S. citizens:

A child born outside of the United States or its outlying possessions to two U.S. citizen parents is entitled to citizenship, provided one of the parents had, prior to the birth of the child, been resident in the United States or one of its outlying possessions. (No specific period of time is required.)

Birth abroad to one citizen and one alien parent in wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided that the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth.

• For births on or after November 14, 1986, a period of five years of physical presence in the U.S., two after the age of fourteen, is required.
• For births between December 24, 1952 and November 13, 1986, a period of ten years of physical presence in the U.S., five after the age of fourteen is for a parent to transmit U.S. citizenship to the child.

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

A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year

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

A child born abroad out-of-wedlock to a U.S. citizen father and a foreign national mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided that: the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. For birth on or after November 14, 1986, a period of five years physical presence in the U.S., two after the age of fourteen is required. For births between December 24, 1952 and November 13, 1986, a period of ten years physical presence in the U.S., five after the age of fourteen, is required for a parent to transmit U.S. citizenship to the child. In addition the applicant must document the following:

1. A blood relationship between the applicant and the father established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the applicant's birth;
3. The father (unless deceased) has agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
4. While the claimant is under the age of 18 years:
   • Applicant is legitimated under the law of their country of residence or domicile,
   • Father acknowledges paternity of the person in writing and under oath, or
   • The paternity of the applicant is established by the adjudication of a court

I believe that my child has claim to U.S. citizenship. What next?

If you believe that your child has a claim to U.S. Citizenship, it will be necessary for the U.S. citizen parent to appear in person at the Embassy or Consulate in order to execute an application for a "Consular Report of Birth Abroad" before a consular officer. At that time, a passport application may also be executed.  Which Embassy/Consulate serves your area?

To help you prepare for this, we require that the Claim to Citizen Checklist (pdf 173kb) be filled out, signed and brought with on your appointment day.

Where will you be making your appointment?

• Berlin
• Bremen
• Frankfurt
• Munich
• I don’t know where to make my appointment 

Children with no claim to U.S. citizenship
What if I do not meet the requirements for transmission of citizenship to my child?

If you believe that your child does not have a claim to U.S. Citizenship please contact the Embassy or Consulate that servers your area for instructions on how to obtain a letter of no-claim to US citizenship.

After receiving the letter of no-claim it may be possible for your child to apply for naturalization or an immigrant visa.  Please contact the Department of Homeland Security – USCIS for further information or check the Department of State website: http://www.travel.state.gov/ for Child Citizenship Act of 2000 laws and regulations.

I am over the age of 18 and my birth has not been reported and I believe I have a claim to U.S. citizenship. What next?

If you believe that you have a claim to U.S. Citizenship please contact the Embassy or Consulate that serves your area either per Telephone or Email with a detailed description of your claim.