Transmitting Citizenship

Transmission of U.S. citizenship depends on:

  1. At least one parent having the nationality of the United States at the time of the child’s birth;
  2. The existence of a blood relationship between the child and U.S. citizen parent(s);
  3. Documentary evidence demonstrating the U.S. citizen parent(s)’ presence in the United States prior to the child’s birth, as specified in the Transmission Requirements Table below.

Examples of Documentation

Some examples of documentary evidence which may be considered to demonstrate that physical presence requirements have been met may include (but are not limited to):

  • Wage and tax statements (W-2)
  • Academic transcripts
  • Employment records
  • Rental receipts
  • Records of honorable U.S. military service, employment with 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 or employment (except where indicated).
  • U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence. A driver’s license does not constitute evidence of physical presence.

If you have other children who have been issued with a Consular Report of Birth Abroad, this may be considered as supplemental evidence.

What does physical presence mean?

Physical presence in the U.S. means just that, you are physically present in the U.S., or in one of its Outlying Possessions.  Merely maintaining a residence, possessing a drivers license or paying taxes, does not evidence your physical presence in the United States.  Additionally, any travel outside of the U.S., including short trips to Canada or Mexico, cannot be counted towards your time in the U.S.

How can I prove my physical presence?

Primary evidence of your time spent in the U.S. is your current and old passports showing entry and exit stamps, official school transcripts and U.S. military discharge papers.  Secondary evidence includes original utility or telephone bills, and bank statements on original letterhead with ATM transactions in the U.S.  Other documents may be accepted on a case-by-case basis.  In all cases, documents must be original and/or a certified copy of the original.