Am I already a citizen?
Possibly, and many people find out late. There are two main paths. You may have been a citizen at birth abroad if a parent was a citizen and met the residence or presence rule for your birth date. Or you may have become one automatically after birth, without any application. The second path, under INA 320, applies when all of these were true at the same moment before you turned 18: at least one parent was a citizen, by birth or naturalization; you were a green card holder; and you lived in the United States in that parent's legal and physical custody. The conditions can be met in any order. So a child whose parent naturalized before the child's 18th birthday may already be a citizen. Write down each date before you do anything else, and do not file Form N-400 until a lawyer has checked this.
Which law applies to my birth date?
The law at the relevant time controls, and it has changed many times. Automatic citizenship under INA 320 began on February 27, 2001, so the instructions say you must have been under 18 on that date; older adults fall under earlier law. For a child born abroad to married parents, one citizen and one foreign, the current rule requires the citizen parent to have been physically present in the United States for 5 years, at least 2 after age 14. For a child born out of wedlock, the rule depends on the citizen parent's sex and the birth date. A citizen father generally needs to prove the blood relationship by clear and convincing evidence, a written promise of support and legitimation or acknowledgment before the child turns 18. A stepchild cannot acquire citizenship unless adopted. Check the USCIS Policy Manual for your date.
What evidence proves my claim?
A person born abroad is presumed not to be a citizen, so you must prove each element by a preponderance of the evidence. Gather your birth certificate, your parent's proof of citizenship such as a naturalization certificate or passport, your green card record, and marriage or divorce records. For legal custody, bring any court order: a judicial custody order controls, and only a later court proceeding can change it. For physical custody, gather school, medical and tax records showing the same address as your parent, and notarized statements covering the period before you turned 18. For a parent's physical presence, use school transcripts, employment and tax records. If you were adopted, bring the final adoption decree and proof of when custody began. Translate foreign documents. Request old school and medical records now.
Who files, how, and for what fee?
An adult who became a citizen at birth or before 18 can file at any time. A citizen parent or legal guardian files for a child under 18. Use the 01/20/25 edition. The fee is $1,385 on paper or $1,335 online. It is $0 for a current or former service member filing for themselves, and $0 for certain adopted children under INA sections 101(b)(1)(E), (F) or (G). Others may seek a fee waiver with Form I-912. On paper, pay with Form G-1450 (U.S.-issued card) or Form G-1650 (U.S. bank account); checks and money orders are accepted only with an exemption under Form G-1651. You cannot file online if you live abroad, ask for a fee waiver, or are a service member or veteran filing for yourself. Check only one box in Part 1, Question 1, because USCIS rejects multiple checks. Expect an interview; children under 14 take no oath.
Do I need a certificate, or is a passport enough?
Filing is optional. The law does not require a person who is already a citizen to hold any proof of it. USCIS says a valid U.S. passport or Consular Report of Birth Abroad also works as evidence of citizenship, and the instructions note that you may apply for a passport through the Department of State. The practical question is which route fits your documents. Either way, an officer will want proof of the same facts, so a weak claim stays weak. Do not vote, and do not claim citizenship on a form, until you have clear proof, because a false claim can be a serious problem if the theory turns out wrong. If you hold a green card while the claim is pending, keep it valid with Form I-90 as needed.
What if I am in removal proceedings or detained?
Say so at once. A citizen cannot be removed. Citizenship can be missed in court if a person assumes a conviction ended everything or does not know how a parent's naturalization worked. The rule from our Notice to Appear page applies: DHS must first establish that you are not a citizen, and a person born abroad is then presumed foreign, so documents matter at once. Do not admit alienage or plead until a lawyer has looked at the question. Prepare for the master calendar hearing by telling the lawyer every parent's status and date. If you are detained, a family member should send the documents to counsel the same day, and our removal defense page describes the help available. Ace Immigration reviews claims of this kind in our citizenship practice; bring birth, marriage and naturalization records for you and each parent.