Automatic Acquisition at Birth (also known as Derivative Citizenship)

Basic Requirements for Derivative Citizenship

In general, a person born outside of the United States may acquire citizenship at birth if:

• The person has at least one parent who is a U.S. citizen; and
• The U.S. citizen parent meets certain residence or physical presence requirements in the United States or an outlying possession prior to the person’s birth in accordance with the pertinent provision.

Born Abroad in Wedlock vs. Out-of-Wedlock 

For purposes of citizenship acquisition, U.S. immigration law does make a distinction between a child born abroad in wedlock and a child born abroad out-of-wedlock. It further differentiates depending on whether the mother or father is the U.S. citizen. In all cases, the U.S. citizen parent must be the genetic or gestational parent and the legal parent of the child under local law at the time and place of the child’s birth.

Apply for a U.S. Passport

A person may apply for a U.S. passport with the Department of State to serve as evidence of his or her U.S. citizenship. This can be done from either inside or outside the United States. If you are located inside the United States, you may submit your passport application package at a passport acceptance facility located nearest you.  

If you are located outside the United States, you will submit your passport application in-person at a U.S. Embassy or Consulate nearest you. Generally, this will also include an interview with a Consular Officer, however, processes may vary. It is important to fully understand the requirements and process of the particular location you choose to submit your application. In either case, the end of the process is the same, successful claimants of U.S. citizenship will be issued a passport.  

Derivative Citizenship Passport Application Package 

Please note, derivative citizenship claims are highly scrutinized and often turn on the strength of the physical presence evidence submitted.  

As a full-service law firm, we provide guidance for you to gather the necessary documentation and will draft a comprehensive application package to submit to the government. These application packages include the requisite government forms, a detailed letter of support outlining your derivative citizenship claim, and corresponding evidence.  

Examples of Evidence of Physical Presence in U.S. 

• Academic Records/Transcripts: Certified/official high school or university transcripts, military records, and official vaccination records are often excellent documents to present. Other types of documents are also acceptable if they have the cumulative effect of showing presence over time.  A diploma does not necessarily show presence over time.
• Employment Records, Court Records, & Social Security: Employment and court records (including incarceration records) can also be used to prove physical presence. A Social Security statement can be helpful, but because income can be earned outside the U.S., it should be supported by other evidence.  
• Medical Records: Medical records showing treatment or care over a period of time are often helpful (pre-natal records, early child immunization records, lengthy treatments, etc.)
• Rental Receipts: Rent paid, utility bills, rental contracts, etc.
• Military/U.S. Government Service: Records of U.S. military service, employment with the U.S. government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service are helpful. If you were an unmarried U.S. citizen partner to someone in the circumstances listed above, this does not count toward your physical presence.
• Travel Records: U.S. passport stamps may be considered a part of the evidence submitted but should not be the sole documentary evidence. They only review these in the absence of any other evidence, as it is time consuming for our staff.
• Note: Birth certificates or drivers’ licenses do not constitute evidence of physical presence.