Who is a Citizen of the United States from Birth

• Children Born Inside of the United States
• Children Born Outside of the United States
• Chart to Determine Citizenship Rules
• Expedited Naturalization if Grandparent was U.S. Citizen

The 14th Amendment of the Constitution defines provides a framework for determining who is a citizen of the United States.  This amendment 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 page discusses who is a U.S. citizen at birth. 

Children Born Inside of the United States

If a child is born in the United States, that child is a citizen of the United States.  Even if the child's parent does not have legal status in the United States, the child is a U.S. citizen.  The only exception is for children born of foreign diplomats, who are not considered citizens of the United States even if born in the country.

Children Born Outside of the United States

If a child is born outside of the United States to one or more U.S. citizen parents, that child may be a U.S. citizen at birth.  The rules depend on the following:

• Birth date of the child;
• Whether the U.S. citizen parent resided in the United States; and,
• Whether the child resided in the United States.

Chart to Determine Citizenship Rules

The following chart describes the rules for a U.S. citizen parent transmitting citizenship to a child born in a foreign country:

Birth Date of Child	Parent’s Residence Requirement to Transmit Citizenship	Child’s Residence Requirement to Retain Citizenship
Before 5/24/1934	Parent is a citizen who resided in the U.S. before the child’s birth	None.
Between 5/24/1934 and 1/13/1941	If both parents are U.S. citizens, at least one resided in the U.S. before the child’s birth.	None.
	If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. before the child’s birth.	None.
Between 1/13/41 and 12/24/1952	If both parents are U.S. citizens, at least one resided in the U.S. before the child’s birth.	If both parents are U.S. citizens, no retention requirement.
	If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 10 years, at least 5 of which were after age 16.	2 years continuous presence in the United States between the ages of 14 and 28.  However, there is no retention requirement if born on or after 10/10/1952.
Between 12/24/1952 and 11/13/1986	If both parents are U.S. citizens, at least one resided in the U.S. before the child’s birth.	None.
	If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 10 years, at least 5 of which were after age 14.	None.
After 11/13/1986	If both parents are U.S. citizens, at least one resided in the U.S. before the child’s birth.	None.
	If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 5 years, at least 2 of which were after age 14.	None.

Expedited Naturalization if Grandparent was U.S. Citizen

If a child is born in a foreign country and the parents do not meet these requirements, there are some special provisions for “expeditious naturalization” if a grandparent was a U.S. citizen, and had resided in the United States for at least 5 years, at least 2 years after the age of 14.  This expedited naturalization process must be completed before the child turns 18.