There has been a lot of speculation as to whether a child born abroad to parents of American citizens is in fact an American citizen themselves. This; however, is not answered with a simple yes or no response, because the true answer lies in the specifics of each situation. There was much confusion regarding this circumstance until the Child Citizenship Act was emplaced in February 2001. Thankfully now, many laws that are in place state the exact requirements and rights of each child born abroad from American citizens. Most of this controversy centers on the ability for these children to acquire a new child passport.
As mentioned before, there are many different scenarios possible in association to this dilemma, and each can pan out to have as diverse a conclusion as the conditions represented. The easiest situation would be in respect to a child born abroad to at least one US citizen parent who plans on returning to the United States promptly. As long as the child is under the age of 18, upon admittance into America, as an immigrant, attains citizenship. This allows for the child to apply for a US Passport or an expedite passport without any further problems.
This process; however, is conditional. The child must now remain in the United States for permanent residency or the situation has been altered. If the child is born abroad and is to be continually living abroad then the parent or guardian possessing US Citizenship must have lived in the US within the past five years and also, must apply for naturalization of the child. This is preceded by bringing the child to America to go through the ceremony and possibly recite the oath of allegiance, depending on the child’s age.
Similar dilemmas are also faced by American Citizens looking to adopt children from foreign countries. In this case it is important to strictly adhere to all adoption procedures for both countries involved. Just because you complete the adoption process in the country to which you are adopting, does not make it legally binding in the United States and can further hinder the child’s ability to obtain a US Passport. Sometimes it is necessary to re-adopt, once back in the country with the child entering under a visa.
These laws are always subject to change depending on new laws enacted and further stipulations, so it is always important to research all laws when attempting to carry out a process enforced by the government, such as acquiring a US Passport for children born outside the United States. As long as all of the proper documentation is filled out and all the necessary procedures are followed, the child should have no difficulty assuring their US Citizenship and attaining a US Passport and can even use expedite passport usps. The only future dilemma that can be seen now is that none of these children will ever be able to legally run for the office of President because the strict rule of a ’natural born citizen’, has been secured since it was written in the US Constitution.











