Legal Definitions - acquisition of citizenship

Acquisition of citizenship refers to the process by which a child born outside the United States automatically becomes a U.S. citizen because at least one of their parents is a U.S. citizen. Unlike naturalization, which is a process for foreign nationals to apply for citizenship, or birthright citizenship, which applies to those born on U.S. soil, acquisition of citizenship allows a child to inherit citizenship from their parent(s) even if they were born abroad.

The specific requirements for acquiring citizenship can be complex and depend on several factors, including the child's birth date, whether one or both parents are U.S. citizens, and the amount of time the U.S. citizen parent(s) lived in the United States prior to the child's birth. For children born to an unmarried U.S. citizen father, additional steps may be necessary to establish the paternal relationship and support.

• Example 1: Children of U.S. Citizens Abroad

  An American couple, both U.S. citizens, are working as international aid workers in Kenya. Their child, Maya, is born in Nairobi. Because both parents are U.S. citizens, and at least one of them had lived in the United States for the required period before Maya's birth, Maya automatically acquires U.S. citizenship at birth, even though she was born on foreign soil.

• Example 2: Child with One U.S. Citizen Parent

  David, a U.S. citizen, lived in the United States for 10 years before moving to Germany for a job. While in Germany, he marries a German citizen, and they have a son, Leo. Because David is a U.S. citizen and met the necessary physical presence requirements in the U.S. prior to Leo's birth (e.g., having lived in the U.S. for a certain number of years, including some after a specific age), Leo acquires U.S. citizenship through his father, despite being born in Germany to a non-U.S. citizen mother.

• Example 3: Child Born to Unmarried U.S. Citizen Father

  Mark, a U.S. citizen, is working in Colombia and has a child, Sofia, with a Colombian national. They are not married. For Sofia to acquire U.S. citizenship through her father, Mark would typically need to formally acknowledge paternity, provide proof of his genetic relationship to Sofia, and demonstrate that he provided financial support for her before she turned 18. These additional steps are required to establish the legal relationship necessary for acquisition of citizenship in such circumstances.