What Is an Accidental American?

An Accidental American is someone who is a US citizen by law but an American by accident. They were born in the US to foreign parents passing through, or born abroad to a US parent they never knew. They may speak no English, have no US passport, and have never set foot in the United States since infancy. And yet the IRS claims them for life.

This post explains who Accidental Americans are, why they are caught in the US tax net, and what happens when a foreign bank discovers their US citizenship.

The Two Paths to Accidental Citizenship

Path 1: Born in the US to Foreign Parents

The United States confers birthright citizenship under the 14th Amendment to the Constitution. If you are born on US soil — with very narrow exceptions for children of foreign diplomats — you are a US citizen. Period.

This captures:

• Children born to tourists visiting New York or Los Angeles.
• Children born to students attending US universities.
• Children born to employees on temporary work assignments.
• Children born to parents transiting through a US airport who unexpectedly go into labor.

The parents may leave the US within weeks and never return. The child may be raised entirely in France, Japan, or Brazil. Under US law, that child is as much a US citizen as someone born in Kansas to parents with ten generations of American ancestry.

Example: A German couple visits San Francisco for a conference. The mother goes into labor early and gives birth at a local hospital. Three weeks later, the family returns to Munich. The child grows up in Germany, speaks only German, and attends German schools. At age 30, the child applies for a mortgage and the bank asks: "Were you born in the US?" The answer changes everything.

Path 2: Born Abroad to a US Parent

US citizenship can also be transmitted at birth to children born outside the US if the US parent meets statutory physical presence requirements. As of 2026, the general rule is:

• For a child born abroad to one US citizen parent and one non-US citizen parent: the US parent must have been physically present in the US for at least 5 years, 2 of which were after age 14.
• For a child born abroad to two US citizen parents: at least one parent must have had a residence in the US before the child's birth.

These requirements have changed over time. Different rules applied before 1934, between 1934 and 1940, 1940 and 1952, and so on. An Accidental American born in 1975 to a US father who left the US at age 16 may or may not be a citizen depending on the exact dates.

Example: A US woman studies in the UK, meets a British man, and marries. They have a child in London. The US woman lived in the US from birth through age 22. The child is a US citizen by birth but grows up in London, attends British schools, and identifies as British. At age 25, the child opens an investment account and the bank asks for tax residency. The child lists the UK. The bank asks: "Was either parent a US citizen?" Again, the answer changes everything.

Why Accidental Americans Only Discover Their Status Later

Most Accidental Americans do not know they are US citizens until a triggering event:

The FATCA Bank Questionnaire

Since 2014, foreign banks have been required to identify US account holders under FATCA. Most banks now ask every new customer:

• Were you born in the US?
• Do you have US citizenship or lawful permanent residency?
• Do you have a US mailing address or phone number?
• Do you have standing instructions to transfer funds to a US account?
• Do you have a US power of attorney?

A "yes" to any of these triggers FATCA reporting. The bank will ask for a Social Security Number or ITIN. If the customer cannot provide one, the bank may close the account or deny service.

Applying for a Passport or Visa

When an Accidental American applies for a passport from their home country, the application may ask about parental birthplace. Consular officials may note the US citizenship connection. In some cases, the Accidental American applies for a US passport to visit the US and is told they already are a citizen.

Inheritance or Legal Proceedings

A foreign estate may discover US citizenship when distributing assets or when a US estate tax treaty applies. Legal disputes over dual nationality can surface in divorce, custody, or property cases.

The Tax Obligation: A Lifetime of Filing

Once US citizenship is established — whether you know it or not — the tax obligations begin at birth and continue for life. US citizens must:

• File annual federal tax returns if gross income exceeds the filing threshold.
• Report worldwide income.
• File FBARs if foreign account balances exceed $10,000 aggregate.
• File Form 8938 if foreign assets exceed FATCA thresholds.
• Report foreign gifts and inheritances on Form 3520 if over $100,000.
• Report interests in foreign corporations, partnerships, and trusts.

An Accidental American who has never filed and who has modest foreign income may be below filing thresholds in many years. But if they have a bank account, a pension, or a home, they may have crossed the FBAR threshold without knowing it. And once FATCA forces disclosure, the IRS has the data.

FATCA and Banking Discrimination

FATCA has made life genuinely difficult for Accidental Americans. Foreign banks face a choice:

1. Identify US customers, collect SSNs/ITINs, and report account data to the IRS.
2. Pay a 30% withholding tax on US-source payments.
3. Refuse to serve US customers.

Many banks have chosen option 3. Accidental Americans have been denied mortgages, investment accounts, and basic checking accounts because of their US citizenship. This is not a minor inconvenience — it is financial exclusion from the banking system of the country where they actually live.

Several countries and the EU have raised diplomatic objections to FATCA's extraterritorial reach, but the law remains in force as of 2026.

The Renunciation Option

Many Accidental Americans choose to renounce US citizenship to escape the tax and banking burden. Renunciation is a formal process:

1. Schedule an appointment at a US embassy or consulate abroad.
2. Attend an interview and pay the fee ($2,350 standard; $450 for some qualifying Accidental Americans).
3. Sign an oath of renunciation.
4. Receive a Certificate of Loss of Nationality.
5. File Form 8854 with your final tax return.

The Good News: Many Are Exempt from Exit Tax

Accidental Americans who are dual citizens from birth and have not been US residents for more than 10 of the last 15 years are exempt from covered expatriate status. This means no mark-to-market exit tax, no deemed distribution of retirement accounts.

Those who renounced before age 18½ and were not US residents for more than 10 years are also exempt.

The Bad News: Compliance Catch-Up

To renounce, you must certify on Form 8854 that you are compliant with US tax obligations for the five years prior. If you have never filed, you must catch up first. The Streamlined Foreign Offshore Procedures allow non-willful non-filers to file the last three years of returns and six years of FBARs without penalty.

The Streamlined Path for Accidental Americans

The IRS Streamlined Foreign Offshore Procedures are designed for taxpayers who:

• Have lived abroad for at least one year.
• Have not willfully failed to file.
• Need to catch up on returns and FBARs.

Accidental Americans who did not know they had US tax obligations are prime candidates for Streamlined. The program requires:

• Filing the last three years of federal tax returns.
• Filing the last six years of FBARs.
• Paying any tax and interest due.
• Submitting a narrative statement explaining why the filings were late.

No penalties are assessed under Streamlined if the taxpayer qualifies.

The Political and Diplomatic Context

Accidental Americans are not a small group. Estimates range from tens of thousands to several hundred thousand in Canada, the UK, France, Germany, Switzerland, and other countries. They have organized advocacy groups and lobbied for legislative relief.

Proposed reforms — including bills to eliminate citizenship-based taxation for Accidental Americans or to create a statutory exemption — have been introduced in Congress but not enacted as of 2026. The current law remains: citizenship equals tax obligation.

How FileAbroad Helps

FileAbroad works with Accidental Americans every year:

• Citizenship analysis: We determine whether you are a US citizen based on parentage and birth circumstances.
• Compliance catch-up: We use the Streamlined Foreign Offshore Procedures to file missing returns and FBARs.
• Banking documentation: We help you obtain an ITIN if you do not have an SSN, so you can satisfy FATCA requirements.
• Renunciation planning: We model whether you qualify for the exit tax exemption and prepare Form 8854.
• Ongoing compliance: For those who keep citizenship, we file annual returns that minimize tax.

If you just discovered you are a US citizen and have no idea what to do next, start with the free intake and describe your birthplace, parents' citizenship, and current country of residence.

Disclaimer: This article is for informational purposes only and does not constitute tax, legal, or investment advice. Tax laws change frequently, and individual circumstances vary. Consult a qualified tax professional before making decisions based on this content.

Official IRS sources

• U.S. citizens and resident aliens abroad
• Streamlined Filing Compliance Procedures