this post was submitted on 09 Mar 2025
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The mother or the father, and it depends on circumstances. The rules are more strict when the father is the US citizen.
If the father is a citizen, the mother is not, and the baby is born outside the US, citizenship does not transfer from father to child.
If the status of the parents is reversed, citizenship does transfer to the child.
Not to be rude, but where did you get that info? It isn't correct. Doesn't it sound a little too oversimplified for something like birthright citizenship laws in the US?
I looked into it when people were talking about Ted Cruz being born in Canada. His mother is a US citizen, so he’s actually a birthright citizen.
Here's the law if you're interested in learning about it: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3
It's pretty easy to understand. It depends on a few different things - you can be born to a US mother and not be a citizen, or to a US father and get citizenship through him. It depends on marriage status and there are different residency requirements for different situations. Those requirements are different depending on which parent is the US citizen too.