Acquired Citizenship - Citizenship conferred at birth on children born abroad to a U.S. citizen parent(s).
Certificate of Citizenship - Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship).
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Below from
United States Citizenship and Immigration Serivces 2. Who is born a United States citizen?
Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:
(1) By being born in the United States
If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
(2) Through birth abroad to TWO United States citizens
In most cases, you are a U.S. citizen if ALL of the following are true:
* Both your parents were U.S. citizens when you were born; and
* At least one of your parents lived in the United States at some point in their life.
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file a Form N-600, "Application for Certificate of Citizenship" to get a Certificate of Citizenship. You may download the form by clicking here, or you may call the USCIS Forms Line at 1(800) 870-3676 to request a Form N-600.
(3) Through birth abroad to ONE United States citizen
In most cases, you are a U.S. citizen if ALL of the following are true:
* One of your parents was a U.S. citizen when you were born;
* Your citizen parent lived at least 5 years in the United States before
you were born; and
* At least 2 of these 5 years in the United States were after your
citizen parent's 14th birthday*.
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship.
*If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.
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24. If I am a U.S. citizen, is my child a U. S. citizen?
A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. citizen at birth.
A child who is:
* born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child’s birth, or
* born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child’s birth, or
* adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:
o The child was lawfully admitted for permanent residence*; and
o Either parent was a United States citizen by birth or naturalization**; and
o The child was still under 18 years of age; and
o The child was not married; and
o The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and
o If adopted, the child met the requirements of section 101(b)(1)(E) or (F) and has had a full and final adoption; and
o The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and
o The child was residing in the United States in the physical custody of the U.S. citizen parent.
If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to USCIS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(b)(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)
*NOTE – Children who immigrate in the “IR-3” or “IR-4” categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.
**NOTE – The “one U.S. citizen parent” rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).
25. If I am a U.S. citizen, but my child does not meet the requirements listed above, can I still apply for citizenship for my child?
A child who is regularly residing IN the United States can become a citizen of the United States only by meeting the requirements listed in the answer to Question 24 above. If a child regularly resides IN the United States and is not a lawful permanent resident, he or she cannot acquire citizenship automatically until he or she is granted lawful permanent residence. If a child who has been lawfully admitted for permanent residence fails to qualify for citizenship under the provisions of law, the child may apply for naturalization by filing an N-400 after reaching 18 years of age, provided that he or she has the required 5 years of lawful permanent residence.
U.S. citizens may apply for citizenship for their children by birth or adoption who do NOT regularly reside in the United States, if all of the following conditions are met:
* The child is under 18 years of age; and
* The child is not married; and
* The child regularly resides outside the United States; and
* The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status; and
* The child is in legal and physical custody of a parent who is a U.S. citizen; and
* The child is the U.S. citizen’s legitimate child, or was legitimated before the child’s 16th birthday (stepchildren or children born out of wedlock who were not legitimated before their 16th birthday are not eligible for this procedure); and
* If adopted, the child meets the requirements of section 101(b)(1)(E) or (F) and had a full and final adoption; and either of the following is true:
o The citizen parent has lived at least 5 years in the United States, and at least 2 of which were after the citizen parent’s 14th birthday; or
o If the child’s citizen parent has not lived in the United States for at least 5 years, 2 of which were after that parent's 14th birthday, the citizen parent currently has a parent (the child's grandparent) who:
+ is also a U.S. citizen; and
+ lived in the United States for 5 years, at least 2 of which were after the citizen grandparent's 14th birthday; and
+ is still living at the time of the adjudication of the application and the taking of the Oath.
If the foregoing conditions are met, the citizen parent can apply for a certificate of citizenship in behalf of a legitimate or legitimated child using an "Application for Certificate of Citizenship" (Form N-600) or, in the case of an adopted child, an “Application for Certificate of Citizenship on Behalf of An Adopted Child” (Form N-643). If the citizen parent is relying on the grandparent’s physical presence in the United States, the citizen parent should also submit Form N-643, Supplement A. Both the citizen parent and the child must appear at an interview with an Immigration officer in the United States. The child must meet ALL of the required conditions at the time when he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it).
