Appendix: Children Born Outside the United States Out of Wedlock (Nationality Chart 2)

Nationality Chart 2 (4 tables below)

Children [1] A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship & Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child for Citizenship and Naturalization [12 USCIS-PM H.2]. Born Outside the United States Out of Wedlock

Child Born Out of Wedlock to U.S. Citizen Mother (Table 1 of 4)

PERIOD IN WHICH CHILD WAS BORN

ELIGIBILITY REQUIREMENTS

Prior To

May 24, 1934

The child was born an alien. HOWEVER, the child became a U.S. citizen (USC) retroactively to birth, effective on Jan. 13, 1941, if the child’s mother resided in the United States or Outlying Possession (OLP) prior to the child’s birth, UNLESS the child was legitimated by the alien father prior to Jan. 13, 1941.

On or After

May 24, 1934

and Prior To

Dec. 24, 1952

The mother resided in the United States or OLP at any time prior to the child’s birth.

On or After

Dec. 24, 1952

and Prior To

June 12, 2017

The mother maintained at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth.

On or After

June 12, 2017 [2] See Sessions v. Morales-Santana, 137 S.Ct. 1678 (2017).

The mother was physically present in the United States or OLP for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14).

Child Born Out of Wedlock to U.S. Citizen Father and Alien Mother

Child Legitimated by Father (Table 2 of 4)

PERIOD IN WHICH CHILD WAS BORN

ELIGIBILITY REQUIREMENTS

Prior To

May 24, 1934

The child was legitimated at any time after birth under the laws of the father’s domicile;

The USC father resided in the United States prior to the child’s birth; and

No residence required for the child to retain U.S. citizenship.

On or After

May 24, 1934

and Prior To

Jan. 13, 1941

The child was legitimated at any time after birth under the laws of the father’s domicile;

The USC father resided in the United States prior to the child’s birth; [3] Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as the dependent unmarried son who resided as a member of the employee’s household during any relevant period(s) of absence from the United States. and

The child met retention requirements.

See Nationality Chart 1 for retention requirements.

On or After

Jan. 13, 1941

and Prior To

Dec. 24, 1952

The child was legitimated before age 21 under the laws of the father’s domicile;

The USC father resided in the United States or OLP for at least 10 years, at least 5 years of which were after age 14, at the time of the child’s birth; and

The child met retention requirements.

See Nationality Chart 1 for special provisions and for retention requirements.

On or After

Dec. 24, 1952

and Prior To

Nov. 14, 1986

The child was legitimated before age 21 under the laws of the father’s domicile; [4] In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).

The child was legitimated PRIOR TO Nov. 14, 1986;

The child must be unmarried;

The USC father was physically present in the United States or OLP for 10 years, at least 5 years of which were after age 14, at the time of the child’s birth; and

No residence required for the child to retain U.S. citizenship.

See Nationality Chart 1 for special provisions.

Child Born Out of Wedlock to U.S. Citizen Father and Alien Mother

Child Legitimated or Acknowledged by Father (Table 3 of 4)

DATE RELATIONSHIP ESTABLISHED

ELIGIBILITY REQUIREMENTS

On or After

Nov. 14, 1986

The child was legitimated OR acknowledged before age 18* (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);

A blood relationship between the child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [5] For additional information regarding a written statement of financial support, see Volume 12, Citizenship & Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

The child must be unmarried; and

The USC father was physically present in the United States or OLP for 5 years, at least 2 years of which were after age 14, at the time of the child’s birth.

*A child age 18 or over on Nov. 14, 1986 could use the old law. [6] See Child Born Out Of Wedlock to U.S. Citizen Father and Alien Mother; Child Legitimated by Father (Table 2 of 4). A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968).

Child Born Out of Wedlock to Two U.S. Citizen Parents (Table 4 of 4)

PERIOD IN WHICH CHILD WAS BORN

ELIGIBILITY REQUIREMENTS

If both parents are U.S. citizens, the child may qualify under either parent. The child must meet the requirements for acquisition of citizenship under the mother OR the father; the child does not need to meet both requirements.

On or After

Dec. 24, 1952

and Prior To

Nov. 14, 1986

Citizenship through U.S. Citizen Mother

The mother had at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth.

Citizenship through U.S. Citizen Father

The child was legitimated before age 21 under the laws of the father’s domicile; [7] In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).

The child was legitimated PRIOR TO Nov. 14, 1986;

The child must be unmarried; and

Either parent resided in the United States at any time prior to the child’s birth.

On or After

Nov. 14, 1986

and Prior To

June 12, 2017

Citizenship through U.S. Citizen Mother

The mother had at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth.

Citizenship through U.S. Citizen Father

The child was legitimated OR acknowledged before age 18* (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);

A blood relationship between the child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [8] For additional information regarding a written statement of financial support, see Volume 12, Citizenship & Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

The child must be unmarried; and

Either parent resided in the United States at any time prior to the child’s birth.

*A child age 18 or over on Nov. 14, 1986 could use the old law. [9] See Child Born Out Of Wedlock to U.S. Citizen Father and Alien Mother; Child Legitimated by Father (Table 2 of 4). A child at least age 15, but under 18, could use either law (date of birth on or after Nov. 15, 1968).

On or After

June 12, 2017

Citizenship through U.S. Citizen Father

The child was legitimated OR acknowledged before age 18 (legitimated under the laws of the child’s residence or domicile; or paternity acknowledged in writing under oath; or paternity established by court order);

A blood relationship between child and father was established;

The father, unless deceased, has agreed in writing to provide financial support until child reaches age 18; [10] For additional information regarding a written statement of financial support, see Volume 12, Citizenship & Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

The child must be unmarried; and

Either parent resided in the United States at any time prior to the child’s birth.

If the child does not meet these requirements, but one or both parents resided in the United States at any time prior to the child’s birth, the officer should consult the Office of Chief Counsel (OCC).

Footnotes


1 [^]

A child must meet the definition of child under the Immigration and Nationality Act (INA). See Volume 12, Citizenship & Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child for Citizenship and Naturalization [12 USCIS-PM H.2].

2 [^]

See Sessions v. Morales-Santana, 137 S.Ct. 1678 (2017).

3 [^]

Includes periods spent abroad while employed by the U.S. government or an international organization as defined in 22 U.S.C. 288, or as the dependent unmarried son who resided as a member of the employee’s household during any relevant period(s) of absence from the United States.

4 [^]

In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).

5 [^]

For additional information regarding a written statement of financial support, see Volume 12, Citizenship & Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

6 [^]

See Child Born Out Of Wedlock to U.S. Citizen Father and Alien Mother; Child Legitimated by Father (Table 2 of 4).

7 [^]

In cases arising within the Ninth Circuit, the laws of the father’s residence and the laws of the child’s residence must be considered to determine whether legitimation occurred. See Burgess v. Meese, 802 F.2d 338 (9th Cir. 1986).

8 [^]

For additional information regarding a written statement of financial support, see Volume 12, Citizenship & Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].

9 [^]

See Child Born Out Of Wedlock to U.S. Citizen Father and Alien Mother; Child Legitimated by Father (Table 2 of 4).

10 [^]

For additional information regarding a written statement of financial support, see Volume 12, Citizenship & Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section C, Child Born Out of Wedlock [12 USCIS-PM H.3(C)].