|
Birth Abroad to Two U.S. Citizen Parents:
A child born
abroad to two U.S. citizen parents, whether or not the parents are
married, acquires U.S. citizenship at birth under Section 301(c) of
the Immigration and Nationality Act (INA). One of the parents MUST
have resided in the U.S. prior to the child's birth. No specific
period of time for such prior residence is required.
Birth Abroad
in Wedlock to One U.S. Citizen Parent and One Alien Parent:
A child born
abroad, in wedlock, to one U.S. citizen parent and one alien parent
acquires U.S. citizenship at birth under Section 301(g) of the
Immigration and Nationality Act (INA) provided the citizen parent
was physically present in the U.S. for the time period required by
the law applicable at the time of the child's birth. (For birth
after 2:07 PM, November 14, 1986, a period of five years'
physical presence, two after the age of fourteen, is required.
For birth between December 24, 1952 and at or before 2:07 PM,
November 14, 1986, a period of ten years' physical presence, five
after the age of fourteen, is required to transmit U.S. citizenship
to the child.)
Birth Abroad
Out-of-Wedlock to a U.S. Citizen Father and Alien Mother:
A child born
abroad out-of-wedlock to a U.S. citizen father and alien mother may
acquire U.S. citizenship under Section 301(g) of the INA, as made
applicable by Section 309(a) of the INA, provided:
-
A blood
relationship between the applicant and the father is established by
clear and convincing evidence;
-
The father
had the nationality of the United States at the time of the child's
birth;
-
The father
(unless deceased) had agreed in writing to provide financial support
for the child until reaches the age of 18 years, and
-
While the
child is under the age of 18 years -
-
Applicant
is legitimated under the law of their residence or domicile,
-
Father
acknowledges paternity of the person in writing under oath, or
-
The paternity of the applicant is established by court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother and
Alien Father: A child born abroad out-of-wedlock to a U.S. citizen mother and
alien father may acquire U.S. citizenship under Section 301(g) of
the INA, as made applicable by Section 309(c) of the INA, if the
mother was a U.S. Citizen at the time of the child's birth and if
the mother had previously been physically present in the United
States or one of its outlying possessions for a continuous period
of one year prior to the child's birth. |
