US citizenship by birth

Legal grounds for citizenship

Citizenship by birth in the United States rests on the 14th Amendment to the Constitution of the United States: a person born on American territory becomes an American citizen. On 30 June 2026 the Supreme Court of the United States confirmed that the rule also applies when the parents are in the country temporarily or without status.

What changed in 2026

On 6 August 2026 the President signed two executive orders against birth tourism. Under Order 14418 the authorities do not recognise a child's citizenship if neither parent is an American citizen and the parents paid to have the mother give birth in the United States. Order 14419 targets entry on a nonimmigrant visa for the purpose of giving birth and the intermediaries who arrange such trips.

In September 2026 a federal court in Maryland temporarily barred applying Order 14418 to children of parents who are in the United States temporarily or without documents. And since 2020 American consulates have refused tourist visas when the main purpose of the trip is to give birth. Ask an expert how this affects your family.

Who gets citizenship

• A child born in any of the 50 states, the District of Columbia, Puerto Rico, Guam, the US Virgin Islands or the Northern Mariana Islands.

Birth in American Samoa gives American national status, not citizenship. Birth on an American ship or aircraft outside American territory does not give citizenship.

What it gives the parents and relatives

Parents can apply for a green card only once the child turns 21. After 5 years of living in the United States with a green card, they can apply for citizenship.

An American citizen can also sponsor brothers and sisters for a green card only after turning 21, and the queue in this category runs for years. There is no family immigration category for grandparents, uncles or aunts.

The child's tax obligations

A child born in the United States becomes a lifelong tax resident: they have to declare and pay American tax on their worldwide income wherever they live, file a return every year and report foreign accounts and assets in the annual report of foreign bank and financial accounts and under the Foreign Account Tax Compliance Act. There are reliefs such as the Foreign Earned Income Exclusion and the Foreign Tax Credit, but the duty to comply with American tax law stays with them for life.

The child's documents after the birth

• Birth certificate. The hospital reports the birth to the state vital records office, where you order a certified copy. The certificate itself proves citizenship.
• Social Security number. Usually applied for at the hospital together with the birth registration; it is needed for the child's tax return and bank account.
• American passport. For a child under 16 it is applied for in person, with both parents or the notarised consent of the other one. The fee is $100 plus a $35 acceptance fee.

The child leaves the United States on the American passport. Entry to the parents' country follows that country's rules: its passport or registration of the child as a citizen is often required.

Costs item by item

• birth without insurance: $10,000 to $18,000 for a vaginal delivery, $18,000 to $35,000 for a caesarean, more in New York and California;
• a visitor visa: a $185 consular fee, and a 2025 law adds a $250 fee on visa issuance;
• a child's passport: $135 including the acceptance fee;
• a green card for the parents once the child turns 21: a $675 petition and a $1,440 adjustment of status application each;
• citizenship for the parents after 5 years with a green card: $760 on paper or $710 online.

Fees are for 2026. Births are usually paid in advance or with a large deposit, and hospitals and doctors bill separately. Our support fee is quoted by a manager in the chat.

Taxes for an American citizen abroad

The United States taxes its citizens by citizenship, not by residence. A child with an American passport living in another country still files an American return. In 2026 foreign earned income up to $132,900 a year can be excluded, and taxes paid in another country are credited. The foreign bank account report is due if all accounts together exceeded $10,000 during the year. Passive income such as dividends and interest is not covered by the exclusion. Banks in other countries often ask American citizens for extra forms or refuse to open an account.

How to get a visa for giving birth approved

• the consul concludes that the main purpose of the trip is giving birth to obtain citizenship for the child: such visas have been refused since 2020;
• no proof that the family will pay for the birth and treatment itself;
• weak ties to the home country: no job, home or family to return to;
• past overstays in the United States;
• misrepresentation in the form: it leads to a permanent entry ban.

Comparison with other countries for giving birth

The United States gives the child the strongest passport, but the parents wait 21 years for status, and the child files American returns for life. In Latin America the parents get status at once.

Advantages of an American passport

How to get American citizenship by birth step by step

FAQ

Where an American passport takes you without a visa