Birthright Citizenship

If you were born in the United States or a U.S. territory, you are generally a U.S. citizen by birthright, regardless of your parents’ citizenship status. The only notable exception is if your parents were foreign government employees with diplomatic immunity at the time of your birth.

Key point:
Birthright citizenship is automatic and lasts for life unless you formally renounce it.

Acquisition of Citizenship

Acquisition of citizenship means that you were born outside the U.S. to at least one U.S. citizen parent. Citizenship is acquired at birth based on your parent(s)’ status.

However, immigration laws about acquisition have changed over time, so eligibility depends on when you were born and your parents’ circumstances. The applicable laws differ across various periods, such as:

• Before May 24, 1934
• May 24, 1934 – January 12, 1941
• January 13, 1941 – December 23, 1952
• December 24, 1952 – November 13, 1986
• Since November 14, 1986

Each period has specific criteria regarding how citizenship is passed to children born abroad.

Derivation of Citizenship

Derivation of citizenship applies primarily to children under 18 who have lawful permanent resident status (green card) and whose parent(s) become U.S. citizens after the child’s birth.

To derive citizenship automatically:

• The child must be under 18
• The child must have a green card
• The child must be living with the parent who naturalizes
• No naturalization ceremony is required for the child

Like acquisition, the laws for derivation have changed over time, with different rules applying depending on when the parent(s) became citizens. Key date ranges include:

• Before May 24, 1934
• May 24, 1934 – January 12, 1941
• January 13, 1941 – December 23, 1952
• December 24, 1952 – October 4, 1978
• October 5, 1978 – February 26, 2001
• February 27, 2001 or later

Additional Important Points

• You may not realize you are a U.S. citizen if you were born in the U.S. but have lived mostly abroad.
• Citizenship remains valid even if you vote or engage in civic activities in another country.
• You should obtain official proof of citizenship, such as a Certificate of Citizenship or a U.S. passport, since citizenship status alone does not provide documentation.
• Someone with citizenship through acquisition can pass citizenship to their children born abroad.