Citizenship of a child born in the U.S.
If a child is born on American soil, thanks to “birthright citizenship” (the right of the soil) the child automatically acquires U.S. citizenship, regardless of the parents’ immigration status. The U.S. Supreme Court confirmed this in its ruling in Trump v. Barbara of June 30, 2026, holding that the Fourteenth Amendment to the Constitution guarantees citizenship to children born in the U.S. even when their parents are here temporarily or illegally. The Court thereby upheld the ruling that struck down the presidential executive order of January 20, 2025, which was meant to restrict this right.
Such a person is entitled to a U.S. passport in the U.S. To get a U.S. passport, you must present evidence that the person was born in the United States. The first evidence considered is the birth certificate. If there is no record of the child’s birth, the birth certificate can be replaced by another official document issued no later than five years after the birth. Such a document might be, for example, a baptismal certificate or an extract from the hospital birth record.
Citizenship of a child born outside the U.S.
Section 301(c) of the Immigration and Nationality Act (INA) sets out the eligibility for citizenship of a child born outside the U.S. The child acquires citizenship if (1) both parents are citizens and (2) at least one of them had a residence in the U.S. before the child’s birth.
It is a little different when only one parent is a citizen and the other is a foreign national. Section 301(g) of the INA provides that in that case a child born outside the U.S. acquires citizenship if: (1) one parent is a U.S. citizen and (2) that parent was physically present in the U.S. for at least five years before the child’s birth, including two years after turning 14. For more, search online for “Acquisition of U.S. Citizenship by a Child Born Abroad” on travel.state.gov.
The U.S. Consulate explains on its website that documents proving a parent’s physical presence in the U.S. include pay stubs (W-2), tax returns, school records, employment records, rent receipts, and documents confirming honorable U.S. military service or employment by the U.S. government or certain intergovernmental international organizations. Stamps in U.S. passports can be one piece of evidence of presence in the U.S., but they are not sufficient proof. A driver’s license is not proof of presence in the U.S.
Consular Report of Birth Abroad
The child’s parents should contact the U.S. consulate as soon as possible so that it can issue a Consular Report of Birth Abroad of a Citizen of the US (CRBA for short). You should bring the child’s birth certificate, your U.S. passport and documents proving your residence in the U.S. When all the conditions are met, the consul will approve the CRBA and send it to the Department of State in the U.S., which will print the official FS-240 document confirming the child’s citizenship. On the basis of this document, you can get a passport for the child. See: https://pl.usembassy.gov/wp-content/uploads/sites/23/CRBA-Polish-1.pdf
How to bring a child born in Poland to the U.S.?
A child must have a U.S. passport to cross the U.S. border. The Consular Report of Birth Abroad alone is not enough. You can apply for the passport at the consulate together with the application for the Consular Report of Birth Abroad. You can find more online: https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html. Search for “Birth of U.S. Citizens Abroad”.
Our children’s Polish citizenship
A child acquires Polish citizenship if at least one parent holds Polish citizenship, regardless of where the child is born. A child adopted by a person or persons holding Polish citizenship acquires that citizenship if the full adoption took place before the child turned 16.
An application for a child’s passport can be filed in Poland at any voivode’s office (provincial governor’s office) or in the U.S. at a Polish consulate. Both parents must be present when the application for the child’s passport is filed. If this is impossible, the other parent must give consent in writing, and his or her signature on the consent must be certified by a notary, a consul or a passport office official.
Children of American expatriates
Many people with U.S. citizenship live in Poland. Can their children get U.S. citizenship too? Probably, but not always in the simplified way, by obtaining a Consular Report of Birth Abroad. The report may not be available if the parent cannot meet the requirement of documenting previous residence in the U.S.
The bottom line: Apply for the child’s citizenship as soon as possible after birth. And when moving to Poland, take with you documents proving your residence in the U.S. They may come in handy.
When must the parents return to the U.S.?
Mr. Piotr asks how long his daughter, a citizen, can stay outside the United States, and how long her husband, who has a green card, can.
His daughter can stay outside the U.S. as long as she wants, because she has citizenship and will not lose it. Her husband, who is a permanent resident, can leave the U.S. temporarily, for no longer than half a year, so as not to create the impression that he has abandoned his permanent residence. Of course, circumstances vary. I advise reading the book “Obywatelstwo z przeszkodami” (“Citizenship with Obstacles”), or better yet – talking to an immigration lawyer about your specific situation.
Updated October 2026.
