If your parents are or were United States citizens at the time of your birth then you can be a United States citizen, too, regardless of where you were born. To proceed, you need to file an N600K application for your citizenship to take effect.
Giselle M. Rodriguez is a Boston immigration lawyer in Jamaica Plain who helps clients with the full range of immigration challenges, including birthright citizenship. She is bilingual (English & Spanish). Contact Giselle today to discuss your case, or read on to learn more.
Two quick notes:
1: We can meet in-person, on Zoom, or by phone.
2: My legal fees DO include the translations of relevant documents.
When Is Birthright Citizenship Applicable?
You are a United States citizen if you were born within the United States or within a US territory, regardless of your parents’ citizenship. That is protected by the 14th Amendment. Children born to foreign (non-US) diplomats are an exception; those children are not US citizens by default.
What if only one parent is or was a US citizen? In that case, there are two scenarios in which you are automatically eligible for birthright citizenship, depending on your age:
1. If you were born after November 13 of 1986, you are eligible for birthright citizenship if (a) the US citizen parent was present in the United States for at least 5 years after you were born, and (b) 2 of those years were after you reached the age of 14.
2. If you were born between December 24 of 1952 and November 13 of 1986, you are eligible for birthright citizenship if (a) the US citizen parent was present in the United States for 10 years after your birth, and (b) 5 of those years were after you reached the age of 18.
Having a child in the United States does not help you attain citizenship. Though that child could theoretically sponsor you for a green card later in life he or she would be unable to do so before reaching 21 years of age. However, birthright citizenship IS applicable if you were born in the United States even if your parents were undocumented.Proving Birthright for US Citizenship
In some cases you will need to provide a proper chain of evidence to show that you are rightfully a US Citizen. Your immigration attorney can help you do that. Proving birthright can be difficult when records do not exist, when one or both parents have died, or when other issues arise.
Another common problem is proving birthright if you were born out of wedlock. If you were born out of wedlock to a mother who was a US citizen, you obtain birthright citizenship as long as she was continually present in the United States for at least one year before your birth
It’s trickier if you were born out of wedlock and your assumed father was the US citizen in the relationship. In that case, the father must agree to provide financial assistance and responsibility until you reach or reached age of 18, he must also acknowledge paternity under oath and in writing and paternity must be established by the court, and you must be legitimized under your state law.
Get Help on Birthright Citizenship Today
Though establishing birthright citizenship may sound straightforward, it is in fact anything but simple. You can contact Boston immigration attorney Giselle Rodriguez today to get help.