Citizenship Claim – Derivative Citizenship based on Birth to US Citizen
If you were born outside the US to a US Citizen parent, your parent may have transmitted US Citizenship to you at birth. In this situation, the child is eligible for a Consular Report of Birth Abroad, US Passport and US Social Security Number. There are several factors that can impact whether the US Citizen parent transmitted citizenship to their child, including:
- The child’s date of birth
- Whether the child was born in wedlock
- Whether one or both of the child’s parents are US Citizens
- How many years the parent physically resided in the US
To determine if you are a US Citizen by birth, it is advisable to speak with an immigration attorney to assess the specific facts of your case.
Application Procedure
If you are a US Citizen by virtue of birth to a US Citizen Parent, you may apply for a Consular Report of Birth Abroad, US Passport and Social Security Number at a US Consulate / Embassy in your home country. Alternatively, if you are physically present in the US, you may apply for a US Passport at a Passport Agency office location.
Tax Implications
As a note, individuals who are US Citizens by birth will have a requirement to file taxes with the Internal Revenue Service (IRS), regardless of where they live. Prior to proceeding with a Citizenship Claim, it is advisable to speak with an accountant to ensure you are aware of what will be required with the IRS.
