American citizenship by birth, commonly known as birthright citizenship, is a legal principle in the United States that provides citizenship to persons born on American land. The concept is derived from the Citizenship Clause of the Fourteenth Amendment to the United States Constitution, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”.
This section was introduced to the Constitution in 1868 to ensure that freshly freed slaves and their offspring were recognized as citizens. It is vital to emphasize that the section does not apply to the offspring of foreign diplomats or infants born on foreign-owned territory, such as embassies or military facilities.
Under the principle of birthright citizenship, anyone born within the geographical boundaries of the United States, including all 50 states, the District of Columbia, and most US territories, is automatically considered a US citizen, regardless of the citizenship status of their parents. This principle applies irrespective of the immigration status of the child’s parents, meaning that children of undocumented immigrants are granted American citizenship if they are born in the United States.
To obtain official documentation for American citizenship by birth, you need to apply for a Consular Report of Birth Abroad (CRBA) or a US birth certificate, depending on your circumstances. Here is an overview of the documentation and application process:
The United States recognizes and allows dual nationality. This means that individuals can hold US citizenship while also being citizens of another country.
Anyone born within the geographical boundaries of the United States, including all 50 states, the District of Columbia, and most US territories, is eligible for American citizenship by birth. This applies regardless of the citizenship or immigration status of the child’s parents.
Yes, American citizenship by birth applies to children of undocumented immigrants if they are born in the United States. The principle of birthright citizenship does not consider the immigration status of the child’s parents when determining citizenship.
The principle of birthright citizenship does not apply to children of foreign diplomats or children born on foreign-owned territories, such as embassies or military bases within the United States.
Yes, individuals born outside the United States can acquire American citizenship by birth if at least one of their parents is a US citizen at the time of their birth, provided certain conditions are met. They can apply for a Consular Report of Birth Abroad (CRBA) through a U.S. embassy or consulate to document their US citizenship.
American citizenship by birth generally cannot be revoked or taken away unless it is discovered that the individual obtained citizenship fraudulently or through a material misrepresentation. However, this is a complex legal process that requires substantial evidence and is typically rare.
Yes, the United States allows dual citizenship, meaning that individuals can hold American citizenship by birth while also being citizens of another country.