Transmitting Citizenship to Children Born Abroad

Keeping Kids American When They’re Growing Up Overseas

Raising American kids overseas comes with its own special trials and rewards.  One issue that parents don’t often think about is the citizenship of their kids and their kids’ kids.  Thankfully, this is now rarely an issue.  A few decades ago, the United States greatly liberalized its citizenship rules.  Many draconian rules on losing American citizenship while living overseas were repealed.  Rumors or myths to the contrary still abound but the fact is that an American citizen child, even though born overseas and/or growing up overseas, does not need to do anything at any age to choose or preserve or retain his or her American citizenship.   He or she will always have American citizen unless he or she takes some intentional action, as an adult, to give it up.

The situation for kids born overseas of American citizen – possibly your grandchildren, for example - is not as clear, however.  Children born in the United States in almost any circumstances are American citizens.  The problem is that children who grow up overseas are more likely themselves to start families overseas.  If that is the case in your family, your children will have to meet certain requirements to pass on – the technical word is “transmit” - American citizenship to any of their children born overseas.

Under current law, American parents of children born overseas have to demonstrate they were physically present in the United States for up to five years before their child was born.  And at least two of those five years must come after age fourteen.  The time requirement is usually cumulative: a summer here, three weeks at Christmas there – it all adds towards the five years.  This pertains to any American parent – foreign or U.S. born – of a child born overseas.  

The actual requirements depends on whether one or both parents are American citizens, whether the child was born in wedlock, whether the father is American or the mother, whether a parent was abroad in the service of the US military or employed by the US government.  A more detailed presentation of these requirements follows at the end of this article.

The big problem is that no U.S. government agency automatically maintains a record of time citizens physically spend in the United States.  When an American, who has grown up overseas, and who is now in their twenties or thirties comes into document as an American their child born overseas, it can be difficult: piecing together a lifetime and finding documentation of every day spent in the United States is daunting. 

That’s where you, as the parent, come in.  Even though your child may still be in diapers, you can start now collecting the documentation that may be vital several years in the future. 

A good start is to record every day your child is physically present in the United States in a simple log.  There is no set format.  Entries could be:

ENTERED:23 JUNE 2005              DEPARTED:05 AUGUST 2005      43 DAYS

eNTERED:16 December 2006     Departed:03 January 2007     19 days

It would then help to collect any documentation to support these entries.  Many people get a shoebox and just throw in proof of time spent in the United States.  Some examples:  expired passports, airline ticket stubs, report cards and transcripts for schooling done in the United States, certificates of attendance at camp or bible school or summer library club, letters of appreciation for volunteering, pay stubs from summer jobs.  When you child is older, military, college, and employment records would also work.

It is not too onerous activity that could make a big difference for the next generation.  Of course, if your grandchildren are born in the United States, they will automatically be American citizens.  Your children and grandchildren won’t need the evidence you gathered but they will still have a box full of great memories. 

If, however, your grandchild is born overseas, your son or daughter will be ready to register your grandchild at the nearest Embassy with a meticulously maintained log of time spent in the U.S. and a box overflowing with evidence to back it up.  This should be much more than adequate proof to establish your grandchild’s citizenship.  And your fame for foresight and efficiency will be much appreciated and celebrated from generation to generation.

Transmission requirements:

The transmission requirements are found in the Immigration and Nationality of 1952, as amended.  They have been revised from time to time and may be revised in the future.  The current requirements are summarized below:

(NOTE: This is a simplification of some very complex laws; for questions on individual case, please refer to the nearest United States Consular Section for a comprehensive answer).

In all cases, the parent or parents must be American citizens at the time of the child’s birth.

IF …                                                                               Then Must Show …

Child born in wedlock to two American citizen parents	At least one parent resided* in the US at some time INA 301(c)
Child born in wedlock to one American citizen parent	American parent was physically present in US for five years** cumulative (2 years after age 14) before child was born INA 301(g)
Child born out of wedlock to American citizen father	American father was physically present in US for five years** cumulative (2 years after age 14) before child was born, and Paternity is established by recognition or by local law, and Father pledges to financially support child until age 18. INA 309(a)
Child born out of wedlock to American citizen mother	American mother was physically present in US for one continuous year INA 309(c)

*The time of residence is unspecified.  The purpose of being in the United States is as important as the length.  Generally, it is more than a couple of weeks of vacation but can be as short as one school semester.  It is extremely rare that American citizen parents have trouble satisfying this requirement.

**Time abroad spent in honorable service with the United States military or working for the United States government or certain international organizations counts towards some or all of the five-year requirement.  Time abroad as a dependent unmarried son or daughter of parent performing honorable service abroad with the United States military, or working abroad for United States government or certain international organizations also counts.  This time does not count towards the one continuous year requirement.