Citizenship by Descent in the USA
Learn how children born abroad to US citizen parents can acquire US citizenship by descent and how to document it. Contact the Miami office for guidance.
Citizenship by descent in the USA is one of the ways through which one can obtain a US passport. Also known as US birthright citizenship, it is available for a wide range of people born to parents who are American citizens, however, the application procedure differs based on various factors.
If you are interested in finding out if you are eligible for citizenship by birth in the USA and how to apply for it, you can rely on our immigration lawyer in Miami who can assist you.
Who can apply for citizenship by descent in the USA
There are several scenarios that apply when it comes to the US birthright citizenship, however, the main requirement is for the person applying for a US passport to have at least one American parent.
| Quick Facts | |
|---|---|
| Means to acquire citizenship in the USA | – naturalization, – marriage, – ancestry, – birth. |
Special requirements to get citizenship by descent | Citizenship by descent relies on the relation of the applicant to at least one American citizen. |
Access to citizenship based on the relation with American parents (YES/NO) | Yes |
| Access to citizenship based on the relation with other American ancestors (YES/NO) | No, citizenship can only be passed through direct lineage. |
| Authorities in charge with the issuance of American documents | Department of State (Consular Report of Birth Abroad, passport) and USCIS (Certificate of Citizenship, Form N-600) |
| Permanent residence requirement (YES/NO) | No, citizenship by ancestry does not come with a requirement to live in the USA for the applicant. |
| Possibility to acquire US citizenship automatically (YES/NO) | Yes, if the legal conditions are met, citizenship is acquired automatically at birth (or, for certain children, after birth under INA 320); the application (CRBA, passport or Form N-600) only documents it. Adults can apply themselves; for minor children, the application is filed by the US citizen parent. |
| Special procedure to complete to gain citizenship by ancestry | The application is filed with a US Embassy/Consulate (Consular Report of Birth Abroad, for children under 18), the State Department (passport) or USCIS (Form N-600, Certificate of Citizenship). |
| Degree of difficulty in obtaining citizenship | The procedure is not difficult, however, you should note that there are different requirements based on whether the parents are married or not, for example. |
| Option to apply for citizenship by other means (YES/NO) | Yes, naturalization also remains an option for applicants. |
| Requirement to live in the USA (YES/NO) | Not for the applicant, however, the American parents or the parent who is an American citizen must have lived in the USA for a determined period of time. |
| Possibility to pass on citizenship to descendants (YES/NO) | Yes, through direct lineage |
| Citizenship application processing timeframe (approx.) | Varies; check uscis.gov/processing-times (Form N-600) and the embassy for CRBA appointments |
| Support in applying for citizenship by descent (YES/NO) | Yes, we offer support in applying for citizenship by descent. |
| Other immigration services (if any) | Assistance in obtaining citizenship by naturalization, support in obtaining spouse visas and citizenship through marriage. |
The scenarios apply as follow:
- the person applying for citizenship by birth in the USA may have been born abroad from two married people who are both US citizens;
- the person seeking citizenship is born abroad from at least one US parent who is married to another national;
- the person applying for US citizenship by descent is born abroad out of wedlock to at least one US citizen.
Apart from these, there is also the case of children born to foreign parents living in the USA. Of course, the US green card remains one of the safest options for citizenship for other foreign people.
Our immigration lawyer in the United States usually review each case and its particularities to help clients, so if you want to apply for citizenship, we recommend you get in touch with us. Also, if this option seems complicated, you can obtain a US investor visa that can lead to citizenship by naturalization.
How to obtain citizenship by birth in the USA through one’s parents
There are two main methods to obtain citizenship by descent in the USA through parents who are American citizens:
- at birth;
- after birth but before the age of 18.
For this purpose, the law requires that at least one parent be a citizen of the United States and that the parent has resided in the country for a certain amount of time. More specifically, US birthright citizenship may be acquired under the following circumstances:
- if the person was born on or after November 14th, 1986, the American parent must have been physically present in the United States or one of its territories at least 5 years before the child’s birth, out of which at least 2 years must have been spent in the country after the parent turned 14 of age;
- the parent of a person born between December 24th, 1952, and November 13th, 1986, must have resided physically in the United States or one of its foreign territories for 10 years before the child’s birth, out of which at least 5 five years must have been spent after the parent turned 14.
Considering these requirements must be verified, we strongly advise you to discuss the way through which you can pass on citizenship by descent in the USA with our immigration lawyer in Miami.
How to obtain US citizenship by birth as a child born out of wedlock
According to Section 309(a) of the Immigration and Nationality Act, an individual born outside of marriage on or after November 14th, 1986, to an immigrant mother and an American father, may become a citizen of the United States under Section 301(g) if:
- clear and convincing evidence of the blood relationship with the father is submitted;
- the child’s father must have been a citizen of the United States at the time of the child’s birth and have promised in writing (unless deceased) to support the child financially until the child becomes 18; in addition, before the child turned 18, the child must have been legitimated, or the father must have acknowledged paternity in writing under oath, or paternity must have been established by a court.
At the same time, you can rely on our lawyer if you are a foreign citizen wed to an American and want to apply for a US spouse visa.
According to statistics, in fiscal year 2022, 969,380 have obtained citizenship in the USA, but through naturalization.
Feel free to contact our US immigration lawyer for support in applying for US citizenship by descent.
Responsible attorney: Sandra I. Murado, Esq., Florida Bar No. 55549 · Last updated 29 October 2026Sandra I. Murado is President and Managing Attorney of Law Offices of Sandra I. Murado, P.A. in Coral Gables, Florida, and has been a member of The Florida Bar since 1995.