Spanish Citizenship by Descent for Americans: What You Need to Know

Americans make up one of the largest groups applying for Spanish citizenship by descent. The US has tens of millions of people with Spanish ancestry — from direct descendants of immigrants who arrived in the early 20th century to families whose Spanish roots go through Latin American countries where exile communities settled.

Update: The Democratic Memory Law (Ley de Nietos) closed to new applications in October 2025. Applications filed before the deadline are still being processed, but grandchildren and great-grandchildren of exiles can no longer file new claims under it. The Spanish parent route is unaffected. See what the closure means.

The process works the same way regardless of nationality, but there are US-specific elements that matter: which consulate you file through, how American documents are treated in the Spanish system, what dual citizenship means for a US citizen, and what — if anything — changes about your US tax situation.

Which Consulate to Use

You file through the Spanish Consulate that covers the US state where you live. Spain has consulates and consular sections in:

  • New York (covers NY, NJ, CT, and several other states)
  • Miami (Florida and surrounding states)
  • Los Angeles (California and Pacific states)
  • Chicago (Midwest states)
  • Houston (Texas and surrounding states)
  • Boston, San Francisco, and Puerto Rico (covering additional areas)

The consulate you are assigned to is determined by your residential address — you cannot choose a different consulate because it has shorter wait times. That said, if you are planning a move, the wait time difference between consulates can be significant enough to factor into timing.

Current appointment wait times vary from a few weeks (smaller consulates) to over a year (New York and Los Angeles in particular have experienced extreme backlogs). Book your appointment as early as possible — before your documents are complete — since you can reschedule but you cannot move ahead in the queue.

How American Documents Work in the Spanish System

US-issued documents (birth certificates, marriage certificates) must be apostilled before they are accepted by Spanish authorities. The apostille is issued by the Secretary of State’s office in the state that issued the document — not by the federal government.

Key points for US applicants:

  • Birth certificates: Request a certified copy (not just a certificate of live birth or a laminated card) from the relevant state vital records office. The full certified copy is what most Spanish consulates require. Then apostille it through that state’s Secretary of State office.
  • Marriage certificates: Same process — county clerk’s certified copy, then state apostille.
  • Naturalization certificates: If your Spanish parent naturalized as a US citizen, the Certificate of Naturalization must be included to document when that naturalization occurred (this affects whether Spanish nationality was already lost at the time of your birth). US naturalization certificates are federal documents apostilled through the US Department of State, not through a state.

All documents not in Spanish require translation by a sworn translator recognized by the Spanish authorities. Translators certified by the American Translators Association (ATA) are generally accepted, but confirm with your specific consulate.

Dual Citizenship: What Changes for a US Citizen

The US does not prohibit its citizens from holding foreign citizenship — as a matter of US law, you can hold a Spanish passport without any impact on your US citizenship status.

Spain, for its part, does not require jure sanguinis and Democratic Memory Law claimants to renounce their original nationality. You will hold both passports and both nationalities simultaneously.

Use your US passport when entering or leaving the United States — US law requires US citizens to use their US passport for this. Use your Spanish passport for travel within the EU and for entry into any country where the Spanish passport offers better access.

There is no requirement to inform the US government that you have acquired a second citizenship. You do not need to update your US passport or take any affirmative action with regard to your US citizenship — it remains unaffected.

US Tax Implications

Acquiring Spanish citizenship does not change your US tax obligations. The United States taxes its citizens on worldwide income regardless of where they live or what other citizenships they hold. Spanish citizenship adds no new US tax obligations and removes none.

If you also move to Spain and become a Spanish tax resident, you will need to navigate a tax situation that involves both Spanish income tax and continued US filing obligations — a common situation for American expats in any country. The US–Spain tax treaty provides some coordination, but the details are individual-specific.

The Spanish citizenship itself is tax-neutral. What affects your taxes is where you live, not what passport you carry.

The Latin American Connection

A significant portion of Americans with Spanish ancestry trace that ancestry through Latin American countries — families that were Spanish, spent one or more generations in Mexico, Cuba, Argentina, or Venezuela, and then moved to the United States.

This affects the documentation approach. If your Spanish grandparent lived for decades in Mexico before coming to the US, the relevant Spanish consular records may be in Mexico (where your grandparent would have registered with the Spanish Consulate during their time there), not in the US. Spanish consular registration archives in Mexico — particularly from the 1930s–1950s, when exile communities were most active — are a valuable source of documentation.

For families with this history, the Democratic Memory Law may be the relevant route — especially if the Latin American stop was part of a Civil War exile story.

FATCA and Foreign Bank Accounts

One practical note: holding Spanish citizenship and living in Spain (or banking in Spain) does not exempt you from FBAR and FATCA reporting requirements. US citizens must report foreign bank accounts over the threshold to FinCEN and disclose foreign financial assets on Form 8938. Spanish citizenship changes nothing about this obligation.

Next Steps

If you are a US-based American starting to research a Spanish citizenship claim:

  1. Identify which of the three routes applies to your family situation — see Do I Qualify?
  2. Begin requesting Spanish civil registry records for your Spanish ancestor — this is the longest lead-time item
  3. Identify your assigned Spanish Consulate and book an appointment now, even before documents are ready
  4. Review the full document checklist for your specific route

Use our Citizenship by Descent Checker to verify your eligibility instantly — select your ancestry and see your documents, timeline, and next steps in seconds.

Frequently Asked Questions

Can an American obtain Spanish citizenship by descent?

Potentially. Eligibility depends on the Spanish parent or grandparent, the applicant’s birth circumstances, and the legal route currently available.

Must an American renounce U.S. citizenship to become Spanish?

Spain’s declaration and dual-nationality rules are fact-specific. Applicants should distinguish a Spanish declaration from loss of U.S. nationality under U.S. law.

Ready to take the next step? Book a consultation call — we’ll map out the right path for your situation.