Born in the U.S. to Canadian Parents: What’s Their Status?

U.S. Citizenship by Birth

Under the 14th Amendment of the U.S. Constitution, any child born on U.S. soil is automatically granted U.S. citizenship, regardless of the parents’ nationality or immigration status. This is known as birthright citizenship. Therefore, if your child was born in the United States, they are a U.S. citizen from birth.

Canadian Citizenship Is Not Automatic

Canada offers citizenship by descent for children born abroad, but it is not automatic. To be recognized as a Canadian citizen, a child must:

  • Qualify through a Canadian parent who is a citizen by birth or naturalization.
  • Successfully apply for and obtain a Certificate of Canadian Citizenship.

Without this certificate, your child is not legally recognized as a Canadian citizen, even if they meet the qualifications.

Applying for Canadian Citizenship

To obtain the certificate, you’ll need:

  • Your child’s U.S. birth certificate
  • The Canadian parent’s proof of citizenship (Canadian birth certificate or citizenship certificate)
  • Completed application form (CIT 0001)
  • Application fee (CAD $75 as of July 2025)

You can apply for a Canadian Citizenship Certificate (proof of citizenship) for your child through Immigration, Refugees and Citizenship Canada (IRCC). Detailed eligibility criteria, instructions, and the downloadable CIT 0001 form are available on the official IRCC page:

Apply for a Citizenship Certificate (adults and minors)

Processing times can vary, so refer to the site regularly for updates.

Does the U.S. Allow Dual Citizenship?

Yes. The United States permits dual citizenship, as does Canada. Holding both citizenships is legal and does not require renouncing either nationality.

Benefits of Dual Citizenship

  • Ability to travel with both U.S. and Canadian passports
  • Access to public services in both countries
  • Freedom to live, work, or study in either country
  • Easier border crossings and broader international mobility

Important Considerations

  • Dual citizens must adhere to the laws of both countries, including taxes and civic obligations.
  • If the Canadian parent is a citizen by descent (born outside Canada to Canadian parents), your child may not qualify unless certain conditions are met.
  • Always consult IRCC or a licensed immigration attorney for complex eligibility questions.

Conclusion

If your child was born in the United States to Canadian parents, they are a U.S. citizen at birth. However, to claim Canadian citizenship, they must meet eligibility criteria and apply for and receive a Canadian Citizenship Certificate. Only once this certificate is issued is your child officially recognized as a Canadian citizen and eligible for a Canadian passport.

Schedule a Consultation with an Immigration Lawyer

We Can Help!

If you have questions regarding a U.S. immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

Contact Us

Similar Posts