Embassy of the United States

The Passport/Citizenship Unit at the U.S. Embassy is a busy place. Yearly, we issue over 5,000 passports and register the births of over 600 children. One of the principal functions of the Passport/Citizenship Unit is to provide information and guidance on citizenship questions.

Following are some of the most common questions we get concerning American citizenship and passports.

Q: I was born in the United States while my parents were there temporarily for studies. Do I have a claim to American citizenship?

A: Possibly, since everyone born in the United States is an American citizen regardless of the nationality of the parents. The only exceptions are children of foreign diplomats who have full diplomatic immunity. Anyone else can apply for an American passport by presenting an original birth certificate showing birth in the United States and adequate identity documents.

Q:  I am an American citizen. I recently had a child born in Ireland. Does she have a claim to American citizenship?

A: Most likely. Whether an American citizen can transmit citizenship to a child born overseas depends on several factors including  whether both parents are American, whether the child was born in wedlock, and when the child was born.  Please follow this link "transmission of US citizenship" to see if your child qualifies.  For most cases of a child with one American parent and one foreign national parent, the American parent must have spent a total of five years in America, with at least two of those years after turning 14, in order to transmit citizenship at birth.  Parents must be able to provide evidence of their time in the U.S. when they apply for a Consular Report of Birth Abroad for that child.

Q:  My daughter has lived all her life in Ireland and cannot transmit American citizenship to her children. Is there any way they can become American through their grandparents?

A: Yes. When American citizens cannot transmit citizenship to their children born overseas because they do not have the required physical presence in the United States, they have two options:

• They can apply for the expeditious naturalization of their children, if an American citizen grandparent has enough physical presence in the United States. This procedure must be done through the United States Immigration and Naturalization Service. The process takes longer (up to three years) and the child must go to the United States to be naturalized, but the end result is that the child receives a Certificate of U.S. Citizenship and is an American citizen. The process must be completed before the child is eighteen.
• The U.S. citizen parent may file for an immigrant visa for the child. Under the Child Citizenship Act, once the child enters the U.S. on an immigrant visa, the child automatically becomes a U.S. citizen. The child must be under 18 and in the legal and physical custody of the U.S. citizen parent at the time of entry.

Q:  We are Americans living in Ireland. We just adopted a child and she is living with us there. How do we get her an American passport?

A:  The same process mentioned above can be used for children adopted overseas by American citizens. While adoption by a U.S. citizen parent does not automatically confer citizenship, it does qualify a child for expeditious naturalization or citizenship upon entry to the U.S., if all required conditions mentioned above are met.

Q:  My child has both Irish and American citizenship. At what age must he choose which citizenship he wants to keep?

A:  American citizenship is for life. The laws covering the retention of citizenship have been greatly liberalized - thanks in large part to the lobbying of American community groups based here in Ireland. No child has to do anything at any age to retain, choose, affirm, or confirm American citizenship. In the 1980s, the Supreme Court ruled that citizenship is a Constitutional right, that cannot be taken away from a citizen who does not intend to relinquish it. Therefore, such actions as naturalization in a foreign country, or voting in a foreign election, do not automatically result in loss of U.S. citizenship.

Q:  If we don't plan to travel back to the United States any time soon, why should we renew our passports now?

A: Three reasons:

1. The passport is proof of U.S. citizenship. Every American abroad should have valid proof of her or his citizenship at all times.
2. Life is unpredictable. You will never know when you may need to travel at short notice to the United States. The last thing you need to do in an emergency is worry about getting your or your child's passport renewed. It is much better to do it when it is convenient for you.
3. If you wait too long, you cannot renew an expired passport by mail. You have to apply in person and pay an extra $30.

Q:  I travel frequently and my passport is always at some embassy to obtain a visa. Can I get a second passport?

A:  Generally, citizens are allowed to carry only one valid passport at a time. In some cases, the issuance of a second passport is possible for example, when there are frequent travel delays due to visa applications or when the presence of an entry stamp or visa from one country causes problems in another country. We will ask for  evidence to support the need for an exception.