Current scheme.

Acquisition of nationality.

There are various ways a person can acquire United States nationality, either at birth, by naturalization, or through court decisions and/or treaties.

Birth within the United States.

Section 1 of the Fourteenth Amendment provides that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The language has been codified in the Immigration and Nationality Act of 1952, section 301(a). Regardless of the status of the parent, unless they are in the employ of a foreign government, birth within the territory confers nationality. The Supreme Court has not explicitly ruled whether children born in the United States to unauthorized migrants present in the country are birthright nationals, but it is generally presumed they are. Birth certificates from U.S. jurisdictions are typically acceptable proof of nationality.

Through birth abroad to United States citizens.

For children born abroad, a Consular Report of Birth Abroad may be requested to confirm entitlement as a national. Section 301(c) of the Nationality Act of 1952 extends automatic nationality at birth to children born abroad to two parents who are U.S. nationals, as long as one of the parents resided for any length of time in the United States or its possessions. Section 301(g) establishes that to attain automatic nationality for a child born abroad to a citizen and a foreign national, residency in the United States or its possessions is also required. Time served as active military service was considered equivalent to residence in the U.S. For children with one national parent, requirements vary, depending on when they were born, and whether the parents were married.

Legitimate children.

Automatic nationality is extended based upon the law applicable at the time of the child's birth:

If a birth abroad occurred after May 24, 1934 but prior to December 23, 1952, the U.S. national parent must have resided in the United States or its possessions for ten years, with five of them after the age of fourteen.

If a birth abroad occurred after December 24, 1952 but prior to November 13, 1986, the U.S. national parent must have been the legal and genetic or gestational parent, and have resided in the United States or its possessions for ten years, with five of them after the age of fourteen.

If the birth occurred on or after November 14, 1986, the U.S. national must have resided in the United States for five years, two of them after the age of fourteen, previous to the birth of the child.