The principle of “jus soli” (right of the soil) grants citizenship to anyone born on US soil, but the rules for those born overseas are governed by different standards, specifically “jus sanguinis” (right of blood). Here are ten common myths about birthright citizenship for children born outside the U.S. to U.S. citizen parents, along with the corresponding facts:
Myth #1: Any child born abroad to U.S. citizens is automatically a U.S. citizen.
Fact: The truth is more nuanced. While many believe that any child born to U.S. citizen parents automatically acquires U.S. citizenship, the law requires certain conditions to be met. These include the parents’ marital status and the amount of time the U.S. citizen parent(s) have physically lived in the United States prior to the child’s birth. This law ensures that the U.S. citizen parent(s) have substantial ties to the U.S. that are expected to influence the child’s upbringing.
Myth #2: Parents must apply for citizenship for their child born abroad.
Fact: Citizenship under these circumstances is not applied for but is conferred by law if specific conditions are met. The Immigration and Nationality Act provides that children born abroad to U.S. citizens are U.S. citizens at birth if the parent(s) meet certain residency requirements prior to the child’s birth. However, obtaining a Consular Report of Birth Abroad (CRBA) is crucial as it serves as official proof of the child’s U.S. citizenship, simplifying future processes like passport applications and access to other U.S. government services.
Myth #3: A child born overseas to one U.S. citizen parent and one non-citizen cannot receive U.S. citizenship.
Fact: Children born to one U.S. citizen and one non-citizen parent are indeed eligible for U.S. citizenship at birth under specific conditions. The U.S. citizen parent must have spent at least five years living in the U.S. or its territories before the child’s birth, with at least two of those years occurring after the parent’s fourteenth birthday. These requirements ensure that the U.S. citizen parent has a demonstrable and prolonged physical connection to the U.S.
Myth #4: Adopted children by U.S. citizens are not eligible for birthright citizenship.
Fact: While it’s true that adopted children do not automatically acquire U.S. citizenship by being adopted by U.S. citizen parents, they can still become citizens through the Child Citizenship Act of 2000. This law facilitates the acquisition of citizenship for children legally adopted by U.S. citizens, provided the adoption is full and final and the child resides legally in the U.S. with the U.S. citizen parent. This process ensures that adopted children are treated similarly to biological children in terms of the rights and privileges of U.S. citizenship.
Myth #5: If a U.S. citizen gives birth while temporarily traveling abroad, their child won’t be a citizen.
Fact: The temporary status of a U.S. citizen abroad does not automatically disqualify their child from obtaining U.S. citizenship. The key factors remain the citizen parent’s prior physical presence in the U.S. and, in some cases, the duration of such presence. For children born to two U.S. citizen parents, the requirement is that at least one parent had a residence in the U.S. at any point before the child’s birth. This policy accommodates U.S. citizens who are temporarily abroad for work, travel, or other reasons, ensuring their children can still claim their citizenship rights.
Myth #6: Birthright citizenship can be granted at any age.
Fact: Birthright citizenship is indeed available to individuals regardless of their age at the time of claiming, provided they were eligible at birth. However, obtaining proof of citizenship, such as a U.S. passport or a Consular Report of Birth Abroad (CRBA), is often easier when the individual is still a minor, as the documentation required is readily available and parental consent is straightforward. For adults, proving eligibility may require more extensive documentation of the parent’s history and citizenship status.
Myth #7: A U.S. citizen must have lived in the U.S. for at least 10 years before their child’s birth for the child to be a citizen.
Fact: The actual residency requirement for U.S. citizens to transmit citizenship to their children born abroad is less than many assume. A U.S. citizen parent must have been physically present in the U.S. or its territories for at least five years before the child’s birth, with at least two of those years occurring after the age of 14. This requirement ensures a substantial connection between the U.S. citizen parent and the United States, fostering cultural and national ties that are deemed significant for passing on citizenship.
Myth #8: Children born on a U.S. military base abroad are automatically U.S. citizens.
Fact: A common misconception is that U.S. military bases abroad are considered American soil for the purposes of birthright citizenship. However, children born on military bases are subject to the same rules as those born in any foreign country. Their citizenship depends on the citizenship status of their parents and whether those parents meet the residency requirements set forth by U.S. law. This rule maintains consistency in how citizenship is transmitted, regardless of the location of birth.
Myth #9: Birthright citizenship can be revoked at any time.
Fact: U.S. citizenship granted at birth is generally permanent and secure. It cannot be revoked arbitrarily but can be challenged and potentially revoked if it was obtained through fraud or misrepresentation. The integrity of the citizenship grant is protected by rigorous processes that ensure eligibility before documentation is issued, such as the CRBA, which serves as proof of citizenship from birth.
Myth #10: The process to register a child’s birth abroad is lengthy and complex.
Fact: While registering a birth abroad involves several bureaucratic steps, the process can be relatively smooth with proper preparation. Parents need to provide evidence of their own citizenship and residency, along with proof of the child’s birth through official foreign birth certificates. By gathering the necessary documents and understanding the specific requirements beforehand, parents can navigate this process more effectively, securing their child’s U.S. citizenship documentation without undue delays.
Secure Your Child’s Future
Are you a US citizen with a newborn abroad? Ensure your child’s rights and citizenship are secured. Understanding and ensuring your child’s citizenship rights can be straightforward with the right legal advice. If you have questions about birthright citizenship or other immigration issues, turn to IBP Immigration Law. Schedule a consultation with our skilled family immigration lawyer today to discuss your situation and get unparalleled legal guidance.
