In order to transmit U.S. citizenship to a child, the U.S. citizen parent(s) must have been a U.S. citizen at the time of the child’s birth and must have accrued sufficient physical presence in the U.S. to transmit citizenship.  The physical presence requirements depend on the child’s date of birth and the marital status of the parents at the time of the child’s birth.

For your child to benefit from US citizenship at the time of birth, US nationality law requires that certain conditions must be met.  The conditions have been modified by legislation over time, but none of the modifications were made retroactive, hence the variations defined here.  Below are the circumstances governing most instances.

Child born to two U.S. citizen parents who are married at the time of birth: A child born outside of the United States or its outlying possessions to two U.S. citizen parents is entitled to citizenship, provided that one of the parents, prior to the birth of the child, had been resident in the United States (the law does not specify a specific length of residence time.)

Child born to an unmarried U.S. Citizen mother:   A child born outside of the United States and out of wedlock to a U.S. Citizen mother is entitled to U.S. citizenship, provided the U.S. Citizen mother had been physically present in the United States for a continuous period of at least one year at some time prior to the birth of her child. (NOTE: The law requires that the U.S. citizen mother must have lived continuously for 1 year in the United States or its outlying possessions. The law further states that periods spent overseas with the U.S. government/military or as a government/military dependent, may NOT be computed as physical presence in the U.S.).

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986:  A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship provided the U.S. citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent on December 24, 1952 until November 13, 1986:  A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship provided the U.S. Citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for a period of ten years, at least five years of which were after s/he reached the age of fourteen.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent on July 4, 1946 until December 23, 1952:  A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship provided the U.S. Citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for a period of ten years, at least five years of which were after s/he reached the age of sixteen.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent  on January 13, 1941 until July 3, 1946:  A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship provided the U.S. Citizen parent, prior to the birth of the child, had been physically present in the United States or its outlying possessions, any time before the applicant’s birth.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent before January 13, 1941: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship provided the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States any time before the applicant’s birth.

Child born out of wedlock to a U.S. Citizen father: A child born outside of the United States to a U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship provided the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. Citizen and one non-U.S. Citizen parent, either before or after November 14, 1986

Certificate of Citizenship (N600 and N600K), filed with USCIS in the U.S.:

• A child born outside of the U.S. with a claim to U.S. citizenship but who is now inside the U.S. can only apply by filing a N-600 at USCIS inside the U.S.

• A child with a claim to U.S. citizenship through his/her grandparents, because his/her parents do not meet the transmission requirements, can apply by filing a N-600K  at USCIS in the U.S.

A first time applicant for U.S. citizenship who resides in Indonesia but is over 18 applies for a passport, not a CRBA.  Please see the Passport Wizard and come for an appointment in person, bringing the following documents (but not the DS-2029).   Proof of parent(s)’ required physical presence in the U.S. before the child’s birth must be submitted.

If a U.S. Citizen Parent Cannot Transmit Citizenship to a Child Born Abroad then that child may receive U.S. citizenship from a U.S. citizen grandparent by following specific procedures, only within the U.S.