Can a Child Born Outside the United States to Two U.S. Citizen Parents Become a U.S. Citizen by Birth?

Yes, a child born outside the United States to two U.S. citizen parents can become a U.S. citizen by birth. However, there are several important considerations and steps that must be taken to ensure the child's citizenship is recognized by the United States government.

Reporting the Birth Abroad

To make it easier for the child to gain U.S. citizenship status, parents should report the birth to the nearest U.S. Embassy or Consulate soon after the birth. This process can be facilitated through a special federal form. Filing this form early will be particularly helpful when the child is applying for a U.S. passport or a federal job.

Additional Requirements for U.S. Citizenship

While being born to U.S. citizen parents is a strong indicator of citizenship, it is not the only factor. In some cases, there may be additional requirements, such as living in the United States for a certain period. If the parents fail to report the birth and subsequently the child enters a U.S. embassy or consulate for a passport or other official documentation, they may need to file a Certificate of Birth Abroad. Similarly, applying for a passport can also require additional documentation, such as parental consent.

Legacy of Jus Sanguinis

According to Jus Sanguinis (law of blood), children of U.S. citizens born overseas can also be considered eligible for U.S. citizenship. This provision under the law makes children born to U.S. citizen parents in another country automatically U.S. citizens. It is important to note that while the parents are U.S. citizens, they do not receive any immigration benefits from giving birth to a child in the U.S.

-President Eligibility Based on U.S. Citizenship

It is worth noting that only children born on U.S. soil to non-diplomatically immune parents are eligible to become President. However, children of U.S. citizens who are born abroad are also considered eligible based on the principles of Jus Sanguinis.

Unique Aspects of Birthright Citizenship

Birthright citizenship is a legal provision that grants citizenship to those born in the United States, regardless of their parents' citizenship status. This concept is distinct from the 'pregnancy right' aspect, as where your parents were born is typically irrelevant in the context of U.S. citizenship. There are very limited cases where birth on the way to the United States might not guarantee citizenship, but such instances are rare and not widely documented.

Birthright Citizenship vs. Pregnancy Right

It is crucial to understand that the term 'birthright' in the U.S. context refers to the rights and privileges that come with being born in the United States, not the rights related to the pregnancy itself. While a child born in the U.S. automatically becomes a U.S. citizen, unless there are specific exceptions (such as the parent being a foreign diplomat), this is not the case for children born abroad, regardless of their parents' citizenship.

For example, if a pregnant woman travels to the U.S. to give birth, her child will automatically be a U.S. citizen. However, the parents do not receive any immigration benefits. Conversely, if an undocumented alien gives birth to a child in the U.S., this child will also become a U.S. citizen. Nevertheless, the parents do not receive any immigration benefits from this action.

Steps to Ensure Citizenship Rights

If a child is born in the U.S., they are automatically a U.S. citizen unless their parents were foreign diplomats at the time of birth. In instances where a child is born to undocumented aliens in the U.S., the child can still become a U.S. citizen, but their parents do not receive any immigration benefits.

The key takeaway is that being a U.S. citizen's child does not automatically confer citizenship rights on the child. The child must be reported and the proper forms and documentation must be filed. While the law ensures that being born in the U.S. is the primary determinant of U.S. citizenship, being born abroad to U.S. citizen parents also supports this claim.

For those with children born abroad to U.S. citizen parents, it is crucial to report the birth promptly to the U.S. Embassy or Consulate to secure the child's U.S. citizenship status. This process can be followed by applying for a passport or other necessary documentation as the child grows older, ensuring that their U.S. citizenship is recognized and utilized when needed.