Transmitting Citizenship

• Derivative claim to U.S. citizenship depends on the existence of a legal and blood relationship between the child and U.S. citizen parent(s).
• Residence or physical presence in the U.S. of the U.S. citizen parent(s) must take place prior to the applicant's birth.
• Periods of physical presence need not be continuous (unless otherwise stated).
• Residence and physical presence are not the same.
• Periods of honorable U.S. military service, employment with U.S. Government or certain intergovernmental international organizations, or as dependent unmarried son or daughter and member of the household of a parent in such service or employment can also be counted as physical presence in the U.S. (except where marked with @).
• Please refer to the following Transmission Requirements Table for the requirements applicable for the applicant’s (child’s) date of birth.

  *‘Retention’ refers to the period of physical presence in the U.S.

  If the child was conceived or born outside of marriage to a U.S. citizen father and non-U.S. citizen mother, additional evidence is required.

  This table is intended for use only as a generalized reference guide, and not to make determinations or to be cited in any case. Final adjudication authority rests with the consular officer.

  Note: EST = U.S. Eastern Standard Time.

• Transmission Requirements Table
  
• Evidence of Physical Presence

  A U.S passport does not constitute evidence of physical presence or residence.

  Examples of evidence to support the physical presence requirements as listed in the Transmission Requirements Table include but are not limited to:

  • Wage and Tax Statements (W2)
  • school transcripts
  • employment records
  • income tax returns
  • military records
  • rental receipts
  • old passports bearing entry/exit stamps
  
  
• Evidence of Residence
  • U.S. Driver’s License

If you have other children who have been issued with a Consular Report of Birth Abroad (FS-240), please submit it with this child’s application.

The Consular Officer may request additional documents/evidence and/or a personal interview of the parents/guardians.

Please also read important information regarding Supporting Documents.

Adopted children and/or those found to have no derivative claim to citizenship

Adopted children do not acquire citizenship automatically upon adoption. However, you may be eligible for citizenship through naturalization pursuant to a lawful admission for permanent residence sponsored by your U.S. citizen parent. See our page on immigrant visas.

If the applicant (child) does not qualify for U.S. citizenship due to a lack of the parent's physical presence or if the child was born before the parent(s) acquired U.S. citizenship, he/she may still be eligible to acquire U.S. citizenship under the following methods:

• Child Citizenship Act of 2000 or
• Expeditious Naturalization for Children Born Outside the United States

Last update: Thursday, 18 September 2008 GMT+1000