Can the U.S. Revoke Citizenship When a Child Was Born Outside the Marriage?
Can the U.S. Revoke Citizenship When a Child Was Born Outside the Marriage?
A Reddit user asked whether a child who received U.S. citizenship at birth through an American father can lose that citizenship years later if it turns out the father was not biologically related. The short answer: citizenship cannot be cancelled simply because a parent was unfaithful. The government must prove the child never qualified under the Immigration and Nationality Act (INA), and even then, it must follow strict revocation procedures. This article explains how citizenship is transmitted, when legitimacy matters, and what evidence families should maintain.
How Citizenship Is Acquired at Birth
- INA § 301(c) and (g) grant U.S. citizenship to a child born outside the United States if at least one parent was a U.S. citizen and satisfied the required physical-presence period.
- A child born in wedlock is presumed to be the child of both spouses. USCIS, the Department of State, and the courts treat the U.S. citizen spouse as the legal parent unless a court order says otherwise.
- INA § 309 applies to children born out of wedlock and imposes legitimation or acknowledgment requirements for fathers. But if there was a valid marriage when the child was born, § 309 usually does not apply.
If the U.S. citizen father met the physical-presence requirements and there was no fraud in the documents submitted, the child is a citizen from birth. Later family drama does not change that legal fact.
When Could Citizenship Be Questioned?
The government can challenge a citizenship claim if it uncovers clear evidence that:
- No qualifying U.S. parent existed at birth (for example, DNA proving both spouses were non-U.S. citizens and no adoption occurred).
- Required physical presence was missing (e.g., the U.S. parent spent too little time in the United States).
- Documents were falsified to hide the real facts.
If that occurs, the Department of Homeland Security or the Department of State may start revocation proceedings under 8 U.S.C. § 1451(a). The government must file a lawsuit in federal court or issue a written decision subject to appeal, and the standard of proof is high.
Why Infidelity Alone Is Not Enough
- U.S. law focuses on the child’s legal parentage, not solely biology. Many states treat a child born to a married couple as the legal child of the marriage even if one spouse is not the biological parent.
- The U.S. Supreme Court has long recognized the legitimacy presumption, and immigration agencies defer to that presumption unless it is overcome by a voluntary blood test or a court order disestablishing paternity.
- Simply discovering an affair years later does not undo citizenship because it does not retroactively negate the legal relationship that existed at birth.
Documentation Families Should Keep
- Original or certified copies of birth certificates showing the parents’ names.
- Evidence of the U.S. citizen parent’s residence in the United States (school transcripts, tax returns, military orders).
- Any Consular Report of Birth Abroad (CRBA) or U.S. passport that was issued.
- Court orders establishing or disestablishing paternity, if applicable.
Maintaining this paperwork makes it easier to renew passports, apply for Social Security numbers, or respond to questions from border officials.
What Happens if the State Department Raises Doubts?
If someone applies for a passport and the Department of State questions parentage, it may request:
- Additional evidence of the parents’ relationship (marriage certificate, photos, affidavits).
- Proof of the citizen parent’s physical presence in the United States.
- Voluntary DNA testing. (Refusing DNA is not an automatic denial, but it leaves the initial evidence unconfirmed.)
Applicants have the right to a written explanation if a passport is denied and can appeal to the Department of State or file suit in federal district court.
Practical Next Steps
- Stay calm: Unless the government provides formal notice, your citizenship remains secure.
- Gather records: Collect copies of CRBAs, passports, and proof of your parent’s U.S. residence.
- Avoid unnecessary statements: Casual remarks on social media can be misinterpreted. Discuss sensitive facts only with counsel.
- Consult an attorney: If a passport renewal is denied or DHS initiates removal, you need legal representation familiar with derivative citizenship.
- Consider DNA proactively: In rare cases, voluntary testing can end a dispute quickly, especially when the U.S. citizen parent is still available and willing.
Key Takeaways
- Citizenship obtained at birth is one of the strongest statuses under U.S. law.
- Revocation is rare and requires litigation or a formal agency decision.
- Prepare for scrutiny when applying for a U.S. passport, Social Security number, or certificate of citizenship, but remember that the law presumes legitimacy when parents were married at birth.
About This Post
This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1p6k1u7/can_us_citizenship_be_revoked_if_the_child_was/
Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.
This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.