American citizenship by birth

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.

How to get citizenship by birth in the USA

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.

Documentation and Application

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:

Consular Report of Birth Abroad (CRBA)

  • If you were born to US citizen parents outside of the United States, you can apply for a CRBA through a US embassy or consulate in the country where you were born.
  • The CRBA serves as evidence of your US citizenship and is recognized by US government agencies.
  • To apply for a CRBA, you typically need to provide proof of your parents’ US citizenship, your birth abroad, and any other required documents such as marriage certificates, passports, and photographs.
  • You will need to schedule an appointment with the nearest US embassy or consulate and complete the necessary application forms. The specific requirements and procedures may vary, so it is advisable to check the website of the embassy or consulate for detailed instructions.

American Birth Certificate:

  • If you were born within the United States, you can obtain a US birth certificate from the vital records office of the state where you were born.
  • The birth certificate serves as official proof of your US citizenship and is required for various purposes such as obtaining a passport, enrolling in school, and applying for government benefits.
  • To apply for a US birth certificate, you typically need to provide proof of your identity, such as a valid ID, and your parents’ information.
  • The application process and requirements may vary by state, so it is recommended to visit the website of the vital records office in the state where you were born for detailed instructions.

Dual Nationality

The United States recognizes and allows dual nationality. This means that individuals can hold US citizenship while also being citizens of another country.

FAQ

Who is eligible for American citizenship by birth?

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.

Does American citizenship by birth apply to children of undocumented immigrants?

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.

Are there any exceptions to American citizenship by birth?

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.

Can someone born outside the United States be aт US citizen by birth?

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.

Can American citizenship by birth be revoked?

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.

Can a person with American citizenship by birth also hold citizenship of another country?

Yes, the United States allows dual citizenship, meaning that individuals can hold American citizenship by birth while also being citizens of another country.

GET EU RESIDENCE BY INVESTMENT JUST 14000 EUR!

Find a mistake? Write us
Find a mistake? Write us