US citizenship for kids
Updated on November 11, 2025
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Having a child who qualifies for US citizenship while living abroad can feel like both a blessing and a headache. The rules can be confusing, but understanding them helps you make smart choices that fit your family’s situation overseas.
What does it mean for a child to be a US citizen at birth?
A child can be a US citizen from the moment they’re born, even if that birth happens outside the US. The key is whether one or both parents are US citizens and whether they’ve spent enough time living in the US before the child’s birth.
This is called citizenship by descent (or jus sanguinis). It’s different from citizenship by birthplace (jus soli), which applies automatically to children born on US soil.
Why does this matter?
Because unlike most countries, the US taxes its citizens on their worldwide income, no matter where they live. So if your child becomes a US citizen at birth, they’ll eventually have both the rights and responsibilities that come with it.
How can a child born abroad automatically acquire US citizenship?
If your child is born outside the US, they can still be considered a US citizen from birth as long as you, the parent, meet the residency and physical presence requirements set by US immigration law.
Here’s the short version:
- If both parents are US citizens, at least one must have lived in the US at some point before the child’s birth.
Example:
You and your spouse are both US citizens living in the UK. Since at least one of you lived in the US before moving abroad, your child is automatically a US citizen at birth. - If only one parent is a US citizen, that parent must have lived in the US for at least five years, with two of those years after turning 14 (for children born after November 14, 1986).
Example:
You and your spouse are both US citizens living in the UK. If you’ve each lived in the US before moving abroad, your child automatically becomes a US citizen at birth.
But what if you’re the only US citizen parent, or you and your partner aren’t married when your child is born? That’s where the details get trickier.
What if only one parent is a US citizen?
When only one parent is a US citizen, the rules depend on whether the parents are married at the time of the child’s birth. For children born out of wedlock, the requirements differ slightly depending on which parent is American.
- If the father is the US citizen, he must meet the same five-year rule as mentioned earlier and agree to support the child financially until age 18.
- If the mother is the US citizen, the rule depends on when the child was born.
- For births before June 12, 2017, the mother must have lived in the US for at least one continuous year before the child’s birth.
- For births on or after June 12, 2017, the same timeline now applies as for fathers: the US citizen parent must have lived in the US for a total of five years, with two of those years after turning 14.
In the past, mothers and fathers had different rules for passing on citizenship to children born abroad. A 2017 Supreme Court case — Sessions v. Morales-Santana — changed that. Since then, both parents have followed the same residency timeline, making the law fairer and simpler for families.
Key takeaway: One US parent can pass citizenship to their child as long as they’ve lived in the US long enough and the relationship is legally recognized.
How does adoption affect a child’s US citizenship?
For adopted children, citizenship depends on both the adoption process and the child’s immigration status. Under the Immigration and Nationality Act (INA) §320, an adopted child automatically acquires citizenship after birth only if all of the following apply:
- At least one adoptive parent is a US citizen.
- The child is under 18.
- The adoption is full, final, and legally valid in both countries.
- The child is admitted to the US as a lawful permanent resident.
If the child resides abroad, they usually don’t acquire citizenship automatically. Instead, parents can apply through INA §322 using Form N-600K while the family is living outside the US. Once citizenship is confirmed, parents can request a Certificate of Citizenship (Form N-600) as official proof.
Find out if your child qualifies for the $1,700 ACTC benefit
What documents prove a child’s US citizenship if born abroad?
The primary proof is the Consular Report of Birth Abroad (CRBA), also known as Form FS-240. You get this from a US Embassy or Consulate where the child was born.
Other valid proofs include:
- A US passport issued after citizenship is confirmed.
- A Certificate of Citizenship, typically from USCIS.
Tip: Schedule your CRBA appointment soon after birth. Bring:
- Parents’ proof of US citizenship (passport or birth certificate)
- Child’s foreign birth certificate
- Parents’ marriage certificate (if applicable)
- Proof of the US citizen parent’s physical presence in the US
But if you don’t meet the residency rules, don’t panic—there’s another way.
What if my child doesn’t qualify automatically?
If you didn’t spend enough years in the US before your child was born, they might still become a US citizen later through INA §322, known as citizenship through application.
You’ll use Form N-600K, which lets a US citizen parent apply for their child’s citizenship while living abroad, as long as:
- The child is under 18,
- In the legal custody of a US citizen parent or grandparent, and
- The child temporarily enters the US to complete the process.
Example:
A US citizen who left the US at 12 and never returned might not meet the five-year rule. But if the child’s US grandparent lived enough years in the States, the family can use that grandparent’s time to qualify.
Does US citizenship come with tax and reporting obligations for children?
Yes, but not immediately. Your child won’t owe US taxes just for being a citizen. However, once they start earning money or open a bank account, the usual US tax rules apply. That can include:
- Filing a tax return (Form 1040)
- Reporting any foreign accounts through FBAR or FATCA.
Child Tax Credit
They’ll also need a Social Security number if you want to claim the Child Tax Credit. For 2025, that credit can refund up to US$1,700 per qualifying child, with income limits around US$200,000 for single parents and US$400,000 for joint filers.
Many expat parents handle this smoothly with professional help. Others choose to wait until their child is older before registering them as a US citizen. Both approaches have valid reasons.
What are the pros and cons of claiming US citizenship for your child?
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Some parents value the long-term freedom a US passport brings; others view the compliance burden as unnecessary for a child raised overseas. There’s no one-size-fits-all answer, just trade-offs to weigh carefully.
How do I apply for a Consular Report of Birth Abroad (CRBA)?
Here’s a simple step-by-step guide:
- Contact the nearest US Embassy or Consulate: Check their website for local CRBA instructions.
- Book your appointment early: Some embassies require months’ notice for family services.
- Prepare your documents: Bring identification, proof of US citizenship, a marriage certificate, and evidence of your physical presence in the US.
- Attend the interview with your child: A consular officer reviews your case and issues the CRBA if approved.
- Apply for your child’s US passport and SSN: You can often do both immediately after receiving the CRBA.
A CRBA is valid forever; keep the original safe. You can request copies through the State Department later if needed.
What changes or updates should parents know in 2025?
The citizenship laws under the Immigration and Nationality Act (INA) remain stable in 2025, and there have been no major statutory changes since Sessions v. Morales-Santana (2017).
However, USCIS and US Embassies have updated their processing guidance and appointment procedures. Expect longer wait times for CRBA and passport services in certain countries, as well as updated physical presence documentation requirements for Form N-600 and N-600K applications.
Before applying, always verify the latest instructions on:
- Travel.State.Gov – CRBA, passport, and consular appointment guidance
- USCIS.gov – current forms, fees, and eligibility criteria
Where can US expat parents get help?
If you’re unsure where to start:
- Contact your local US Embassy or Consulate to confirm your child’s eligibility.
- Consult a qualified expat tax professional to discuss long-term filing and reporting.
- Use online expat resources, including citizenship calculators and CRBA checklists.
FAQs
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Do I need to register my child’s US citizenship right after birth?
It’s best to do it early, but there’s no strict deadline. Applying for a Consular Report of Birth Abroad (CRBA) soon after birth saves time and avoids proving years’ worth of paperwork later. Once the child turns 18, the process becomes more complex and may require extra evidence.
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Can my child have both US citizenship and another nationality?
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What happens if I never report my child’s US citizenship to the embassy?
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Can my child lose US citizenship later in life?
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