Jus Soli
"Right of the Soil"
Citizenship acquired by being born within U.S. territory, regardless of the nationality or citizenship status of the parents.
Constitutional Basis
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States..."
— 14th Amendment, Section 1
Jus Sanguinis
"Right of Blood"
Citizenship acquired at birth through one or both parents being U.S. citizens, even when the birth occurs outside the United States.
Statutory Basis
Various provisions under 8 U.S.C. § 1401 with specific physical presence requirements for the U.S. citizen parent(s).
Categories Under 8 U.S.C. § 1401
Birth in the United States
Person born in the United States and subject to its jurisdiction
Requirements
- Birth within the United States
- Subject to U.S. jurisdiction (excludes children of foreign diplomats)
Foundlings
Person found in the United States of unknown parentage
Requirements
- Found in the United States
- Under age 5 years
- Unknown parentage
Two Citizen Parents Abroad
Person born outside U.S. to two U.S. citizen parents
Requirements
- Both parents are U.S. citizens at time of birth
- At least one parent had residence in the United States prior to birth
One Citizen Parent, One National Parent
Person born outside U.S. to one citizen parent (who is a national but not citizen) and one alien parent
Requirements
- One parent is a U.S. citizen
- Other parent is a U.S. national (but not citizen)
- Citizen parent was physically present in U.S. for continuous period of at least 1 year prior to birth
Born in Outlying Possession
Person born in outlying possession of U.S. of one citizen parent and one national parent
Requirements
- Born in outlying possession
- One parent is U.S. citizen
- One parent is U.S. national
- Citizen parent physically present in U.S. for continuous period of at least 1 year prior to birth
Unknown Parentage Under Age 5
Person of unknown parentage found in U.S. while under 5 years old
Requirements
- Found in United States
- Under age 5
- Unknown parentage
One Citizen Parent, One Alien Parent
Person born outside U.S. to one alien parent and one citizen parent
Requirements
- One parent is U.S. citizen at time of birth
- Citizen parent physically present in U.S. for total of 5 years
- At least 2 of those years after age 14
- Military service and government employment abroad count toward physical presence
Historical Pre-1934 Provision
Historical provision for persons born before May 24, 1934
Requirements
- Born before noon (EST) May 24, 1934
- Born outside U.S.
- Father was alien, mother was citizen
- Mother resided in U.S. before child's birth
Physical Presence Requirements for Abroad Births
When a child is born abroad to a U.S. citizen parent, that parent must typically demonstrate they were physically present in the United States for a specific period before the child's birth. These requirements vary based on when the child was born and whether one or both parents are U.S. citizens.
Two U.S. Citizen Parents
At least one parent must have had a residence in the United States or its outlying possessions prior to the birth.
✓ Minimal requirement - just needs to have established residence
One U.S. Citizen Parent
The U.S. citizen parent must have been physically present in the United States for 5 years, at least 2 of which were after age 14.
Requires documented physical presence periods
Historical Note
Physical presence requirements have changed over time. The applicable requirements depend on the date of birth. Former versions of the law may apply to individuals born before certain dates. This is particularly relevant for children born abroad before 1986, when different requirements were in effect.
Documentation & Certificates
Application for Certificate of Citizenship
Form N-600 is used by permanent residents to obtain a Certificate of Citizenship if they automatically became a U.S. citizen through birth abroad to U.S. citizen parents or through derivation after a parent naturalized.
Used for:
- • U.S. citizens born abroad
- • Derivative citizenship claims
- • Certificate of Citizenship issuance
Consular Report of Birth Abroad
The FS-240 (Consular Report of Birth Abroad) is issued by U.S. embassies and consulates to document that a child born abroad acquired U.S. citizenship at birth.
Serves as:
- • Proof of U.S. citizenship
- • Equivalent to a U.S. birth certificate
- • Basis for U.S. passport application