Birthright Citizenship: Citizenship by Being Born in the United States
Birthright citizenship is the rule that a person born in the United States is a U.S. citizen from birth. USCIS cites the Fourteenth Amendment and section 301(a) of the Immigration and Nationality Act as the basis.
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The legal basis
The citizenship clause of the Fourteenth Amendment covers persons "born or naturalized in the United States, and subject to the jurisdiction thereof." USCIS states that under the amendment and INA 301(a), a person born in the United States is a citizen automatically. Whether the rule applies in a particular unusual situation is a legal question for the courts and an immigration attorney.
Why the birth record matters
A birth certificate records where and when a person was born and lists the parents, which matters later if that person wants to pass citizenship to a child born abroad.
USCIS explains that a citizen who was born in the U.S. but never lived there may need to show U.S. residence in order to transmit citizenship to children born abroad. In that setting, a long-form birth certificate listing a U.S. address for the mother is an example of helpful evidence, while a foreign address may lead USCIS to question residence unless other proof is provided. Brief visits and vacations do not count as residence.
Frequently asked questions
Is birthright citizenship the same as citizenship by descent?
No. Birthright citizenship is based on being born in the United States. Citizenship by descent or at birth abroad is based on having a U.S. citizen parent. See the separate entry on citizenship by descent.
What document shows I was born in the United States?
A birth certificate from the vital records office that holds the record. Rules for ordering it vary by state.
Does a long-form birth certificate matter?
It can. USCIS gives a long-form certificate listing the mother's U.S. address as an example of evidence of residence in certain citizenship cases.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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