U.S. Birth Citizenship: Rules, Territories, and Proof

Under U.S. birth citizenship rules, a person becomes a citizen at birth in one of two ways: by being born in the United States and subject to its jurisdiction, or by being born abroad to a parent who is a U.S. citizen and who meets the residency requirements Congress has set. The first path comes directly from the Fourteenth Amendment; the second comes from the Immigration and Nationality Act. Everything else — territories, adoption, dual nationality, documentation — is a variation on those two ideas.

Born on U.S. Soil

The Fourteenth Amendment, ratified in 1868, states that all persons born in the United States and subject to its jurisdiction are citizens.¹ The Immigration and Nationality Act restates the same rule at Section 301(a).² Whether your parents are citizens, permanent residents, or undocumented does not affect the outcome. If you were born here, you are a citizen here.

The Supreme Court settled this reading in 1898 in United States v. Wong Kim Ark. The case involved a man born in San Francisco to Chinese parents who were themselves ineligible for naturalization, and the Court held that his birth on American soil made him a citizen under the Fourteenth Amendment.³ That decision has been the controlling precedent ever since.

There is one narrow exception. Children of accredited foreign diplomats are not considered subject to U.S. jurisdiction under international law, so their birth here does not make them citizens.¹ Outside that small category, location of birth controls.

What About the 2025 Executive Order?

In January 2025, the President signed an executive order that attempted to end birthright citizenship for children born to parents who are undocumented or in the country on temporary visas such as student or work permits. The order never took effect. Every federal court that considered it blocked enforcement. The Ninth Circuit ruled the order invalid because it conflicts with the Fourteenth Amendment’s grant of citizenship to all persons born in the United States and subject to its jurisdiction, and a federal district court in New Hampshire issued a class-wide injunction protecting children born on or after February 20, 2025 from being denied citizenship under it. The Supreme Court heard oral arguments in Trump v. Barbara in spring 2026. Until the Court issues its decision, birthright citizenship operates the way it has since 1868: if you are born on U.S. soil and are not the child of a foreign diplomat, you are a citizen.

Born in a U.S. Territory

Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands are unincorporated territories under U.S. sovereignty. People born there are U.S. citizens, but their citizenship comes from separate federal statutes rather than directly from the Fourteenth Amendment. Anyone born in Puerto Rico on or after January 13, 1941 is a citizen at birth,⁴ and similar statutes cover Guam and the Virgin Islands. The practical effect is the same as being born in a state.

American Samoa and Swains Island are treated differently. Federal law defines them as “outlying possessions.”⁵ People born there are U.S. nationals but not U.S. citizens.⁶ Non-citizen nationals owe permanent allegiance to the United States, can live and work anywhere in the country without a visa, and carry a U.S. passport endorsed with a notation of their status. They cannot vote in federal elections. To become full citizens, they can apply for naturalization on the same terms as any other lawful permanent resident.⁷

Born Abroad to a U.S. Citizen Parent

When a child is born outside the United States, citizenship passes through the parents rather than through the place of birth. Which rule applies depends on whether one or both parents are citizens and whether the parents are married.

When Both Parents Are U.S. Citizens

If both parents are citizens and at least one of them lived in the United States or its territories at any point before the child’s birth, the child is a citizen at birth.² No minimum duration applies; a brief period counts.

When Only One Parent Is a U.S. Citizen

If only one parent is a citizen and the other is a foreign national, the citizen parent must show they were physically present in the United States for five years before the child’s birth, with at least two of those years occurring after the parent’s fourteenth birthday.² A parent who lived in the U.S. from birth until age 16 clears the bar. A parent who arrived at 20 and left at 23 does not.

Some time spent abroad still counts toward the physical presence requirement. Service in the U.S. military, employment with the federal government, or work for a qualifying international organization is treated as time in the United States, and the same exception extends to the dependent children of military or government personnel stationed overseas.⁸ For military families, that provision often makes the difference.

When the Parents Are Not Married

Different rules apply when the parents are unmarried. If the father is the citizen parent, he must establish a blood relationship with the child by clear and convincing evidence, agree in writing to financially support the child until age 18, and — while the child is still a minor — either acknowledge paternity in writing under oath, have the child legally legitimated, or have paternity established by a court.⁹ Missing any of these steps means the child does not acquire citizenship through the father, even where the biological relationship is not in dispute.

If the mother is the citizen parent, she must have been physically present in the United States for at least one continuous year before the child’s birth.⁹ No written support agreement or paternity acknowledgment is required. The gap between the two sets of requirements has been challenged in court but remains the law.

Adopted Children Born Abroad

Under the Child Citizenship Act of 2000, a foreign-born adopted child automatically becomes a U.S. citizen when all of the following are true: at least one parent is a U.S. citizen, the child is under 18, the adoption is full and final, the child has been admitted as a lawful permanent resident, and the child lives in the legal and physical custody of the citizen parent.¹⁰ No separate citizenship application is needed once those conditions are met, though parents still need to apply for a passport or Certificate of Citizenship to document the child’s status.

Children adopted abroad who enter the United States on a visa that requires the adoption to be finalized domestically acquire citizenship once that domestic adoption is complete.¹¹ One important limit: the Act took effect on February 27, 2001, and only applies to children who were still under 18 on that date. Anyone who turned 18 before then is governed by older, less favorable rules.

Dual Citizenship

The United States permits dual citizenship. If your birth gives you citizenship in both the U.S. and another country — say, birth on American soil to foreign-national parents whose country also confers citizenship by descent — the U.S. government does not require you to choose. Two practical rules follow. You must enter and leave the United States on your U.S. passport, and you remain subject to U.S. tax on worldwide income no matter where you live.¹² The other country may impose its own obligations on dual nationals, and if you travel there on its passport, U.S. consular officials may have limited ability to help you.

Proving Your Citizenship

If You Were Born in the United States

A certified birth certificate issued by a state or local vital records office is the standard proof of citizenship. The certificate needs to show your full name, date and place of birth, and your parents’ names. Most states charge between $15 and $53 for a certified copy.

If the vital records office cannot locate your record, it will issue a “Letter of No Record,” and you’ll need secondary evidence. Acceptable alternatives include a hospital birth record, a baptismal certificate from around the time of birth, census records, or early school records.¹³ Gathering several such documents strengthens the claim, since no single piece of secondary evidence carries the same weight as a birth certificate.

If You Were Born Abroad to a Citizen Parent

Parents should apply for a Consular Report of Birth Abroad (CRBA) at the nearest U.S. embassy or consulate.¹⁴ The CRBA is the overseas equivalent of a domestic birth certificate. The application requires an in-person appointment at which the child and the citizen parent appear before a consular officer. The fee is $100.¹⁵

At the appointment, the consular officer verifies the citizen parent’s identity and reviews evidence of their physical presence in the United States. Useful documentation includes school transcripts, Social Security earnings statements, employment records, and military service records — anything that establishes the parent lived in the U.S. for the required time before the child’s birth. Parents should also bring proof of their own citizenship, such as a passport or naturalization certificate.

Getting a First Passport

Domestic first-time passport applications must be submitted in person at a passport acceptance facility. As of February 2026, an adult passport book costs $130 in application fees plus a $35 execution fee, for $165 total. For children under 16, the numbers are $100 plus $35, or $135 total.¹⁶ Routine processing takes four to six weeks; expedited processing shortens that to two to three weeks for an additional fee.¹⁷

1
Constitution Annotated. Amdt14.S1.1.2 Citizenship Clause Doctrine
2
Office of the Law Revision Counsel. 8 USC 1401 – Nationals and Citizens of United States at Birth
3
Justia U.S. Supreme Court Center. United States v. Wong Kim Ark
4
Office of the Law Revision Counsel. 8 USC 1402 – Persons Born in Puerto Rico on or After April 11, 1899
5
Office of the Law Revision Counsel. 8 USC 1101 – Definitions
6
Office of the Law Revision Counsel. 8 USC 1408 – Nationals but Not Citizens of the United States at Birth
7
U.S. Citizenship and Immigration Services. Becoming a U.S. Citizen
8
Office of the Law Revision Counsel. 8 USC 1401 – Nationals and Citizens of United States at Birth
9
Office of the Law Revision Counsel. 8 USC 1409 – Children Born Out of Wedlock
10
Office of the Law Revision Counsel. 8 USC 1431 – Children Born Outside the United States and Residing Permanently in the United States
11
U.S. Department of State. FAQs Child Citizenship Act of 2000
12
U.S. Department of State. Dual Nationality
13
USAGov. Prove Your Citizenship: Born in the U.S. With No Birth Certificate
14
U.S. Department of State. Birth of U.S. Citizens and Non-Citizen Nationals Abroad
15
U.S. Embassy and Consulates. Consular Report of Birth Abroad
16
U.S. Department of State. United States Passport Fees
17
U.S. Department of State. Processing Times for U.S. Passports