Legal Definitions - Natural born citizen

LSDefine

Definition of Natural born citizen

A natural born citizen refers to an individual who became a U.S. citizen at the moment of their birth, without needing to go through any later legal process to gain citizenship. This is distinct from a "naturalized citizen," who acquires citizenship after birth through a formal application process.

The concept of a natural born citizen is particularly significant because the U.S. Constitution requires that the President and Vice President of the United States must hold this status. While the Constitution itself does not provide a precise definition, legal understanding and Supreme Court precedent have established key ways in which someone can be considered a natural born citizen:

  • Born on U.S. Soil: The most common understanding is that anyone born within the geographical boundaries of the United States and subject to its jurisdiction is a natural born citizen. This is often referred to as "birthright citizenship" and is affirmed by the 14th Amendment to the Constitution.
  • Born Abroad to U.S. Citizen Parents: Current U.S. law also generally considers individuals born outside the United States to one or more U.S. citizen parents as citizens at birth, provided certain conditions regarding the parents' residency in the U.S. are met. These individuals are also considered natural born citizens because their citizenship is conferred automatically at birth, not through a later naturalization process.

Here are some examples to illustrate the concept:

  • Example 1: Birth on U.S. Territory

    Imagine a child named Leo, whose parents are visiting the United States from Germany on a tourist visa. Leo is born prematurely during their trip in a hospital in Miami, Florida. Even though his parents are not U.S. citizens, Leo is a natural born citizen of the United States because he was born on U.S. soil and is subject to its laws. He does not need to apply for citizenship later in life.

  • Example 2: Birth Abroad to U.S. Citizen Parents

    Consider Maria, who is born in Rome, Italy, while her parents, both U.S. citizens, are working there temporarily for a multinational corporation. Because both of Maria's parents are U.S. citizens and meet the statutory requirements for transmitting citizenship, Maria is a U.S. citizen from the moment of her birth. She is considered a natural born citizen, even though she was not born within the physical borders of the United States, because her citizenship was conferred automatically by law at birth.

  • Example 3: Contrast with a Naturalized Citizen

    Suppose Ahmed immigrated to the United States from Egypt as an adult. After living in the U.S. for many years, becoming a lawful permanent resident, and meeting all other legal requirements, he successfully applies to become a U.S. citizen. Ahmed is now a U.S. citizen, but he is a naturalized citizen, not a natural born citizen, because he acquired his citizenship through a formal legal process after his birth.

Simple Definition

A natural-born citizen is someone who was a U.S. citizen at birth and therefore did not need to go through a naturalization process. This status is a constitutional requirement for the President and Vice President, generally encompassing those born on U.S. soil and potentially some born abroad to U.S. citizen parents.

It's every lawyer's dream to help shape the law, not just react to it.

✨ Enjoy an ad-free experience with LSD+