BIRTH IN THE UNITED STATES
U.S. citizenship is automatically granted to all persons born in the United States. This doctrine, which is defined in the 14th amendment, is known as “jus soli.” For U.S. citizenship purposes, the United States is defined as all 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands. If you were born in an outlying possession of the United States, American Samoa or the Swains Island, are may be considered a U.S. national, but not a U.S. citizen. A national is a person owing permanent allegiance but not accorded citizenship.
BIRTH ABROAD
If you were born outside of the United States, you may be eligible for U.S. citizenship if both of your parents are U.S. citizens and at least one of your parents resided in the United States prior to your birth.
You may also be eligible for U.S. citizenship if you were born outside of the U.S. and one of your parents is a U.S. citizen as long as that parent was physically present in the United States for a continuous period of one year prior to your birth. Depending on the sex of a U.S. citizen parent, some additional steps may be required to establish U.S. citizenship in the case of illegitimate children.
As U.S. citizenship laws have developed over the years there have also developed many exceptions. As a result, U.S. citizenships claims are complex. If you are trying to sort out your citizenship in the U.S. or the citizenship of a child, please contact our office for experienced advice from an immigration attorney.