Through birth abroad to United States citizens[edit]
See also: jus sanguinis
Birth abroad to two United States citizens[edit]
A child is automatically granted citizenship if:[2][3]
Both parents were U.S. citizens at the time of the child’s birth;
The parents are married; and
At least one parent lived in the United States prior to the child’s birth. INA 301(c) and INA 301(a)(3) state, “and one of whom has had a residence.”
The FAM (Foreign Affairs Manual) states “no amount of time specified.”
A person’s record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. They may also apply for a passport or a Certificate of Citizenship as proof of citizenship.
Birth abroad to one United States citizen[edit]
A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true:[16]
The person’s parents were married at time of birth
One of the person’s parents was a U.S. citizen when the person in question was born
The citizen parent lived at least five years in the United States before the child’s birth
A minimum of two of these five years in the United States were after the citizen parent’s 14th birthday.
INA 301(g) makes additional provisions to satisfy the physical-presence requirements for periods citizens spent abroad in “honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization.” Additionally citizens, who spent time living abroad as the “dependent unmarried son or daughter and a member of the household of a person” in any of the previously mentioned organizations can also be counted.
A person’s record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.
Different rules apply for persons born abroad to one U.S. citizen before November 14, 1986. United States law on this subject changed multiple times throughout the twentieth century, and the law is applicable as it existed at the time of the individual’s birth.
For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true:[16]
The person’s parents were married at the time of birth
One of the person’s parents was a U.S. citizen when the person was born
The citizen parent lived at least ten years in the United States before the child’s birth;
A minimum of 5 of these 10 years in the United States were after the citizen parent’s 14th birthday.
For persons born to two people who are not married to each other, the person is a U.S. citizen if all the following apply:
the mother (or the father, if child was born on or after June 12, 2017[17][18]) was a U.S. citizen at the time of the person’s birth, and
the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.[19] (For those born prior to June 11, 2017 to a U.S. father out of wedlock, see link.[16])
PS Gabbard was born april 12, 1981.