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The Daily Insight

What happens if a child is born in America to foreign parents?

Author

Ava Robinson

Published Apr 06, 2026

A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth: Both of the child’s parents are U.S. citizens; and​ At least one parent had resided in the United States or one of its outlying possessions.

Pursuant to the Fourteenth Amendment and the Immigration and Nationality Act (INA) a person born within and subject to the jurisdiction of the United States automatically acquires US citizenship, known as jus soli. Some people oppose the application of birthright citizenship to children of illegal immigrants.

Can I claim U.S. citizenship if my mother is from US?

Applicants 18 years old and over, born outside the United States, may claim U.S. citizenship from a parent who at the time of the applicant’s birth was a United States citizen. Once the citizenship claim is established, the applicant qualifies for a first-time U.S. passport.

Are you a U.S. citizen if your mother is?

You may be a U.S. citizen if your parent became a U.S. citizen through naturalization while you were still a child. The child is a permanent resident under 18 years of age; The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent.

Can a parent become an US citizen if their child is born abroad?

In all cases, either the U.S. citizen parent (s) or their alien spouse must be a genetic or gestational parent of the child to transmit U.S. citizenship to the child. If you have questions about this page or U.S. citizenship laws, you should contact a private attorney. You can also find information about the Child Citizenship Act on our site.

When did your parent become an US citizen?

Your U.S. citizen parent lived at least five years in the United States before you were born; and. At least two of the five years in the United States were after your U.S. citizen parent’s 14th birthday.

How is the paternity of a child born abroad established?

The father had the nationality of the United States at the time of the person’s birth; The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and the paternity of the person is established by adjudication of a competent court.

Can a u.s.citizen mother be a US citizen?

In all cases, the U.S. citizen mother must be the genetic or the gestational mother and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship. If you have questions about the contents of this section or related citizenship laws you should contact a private attorney.