Requirements of the U.S. Immigration and Nationality Act for Transmission of U.S. Citizenship to Children Born Abroad

Children born in Wedlock

1. Born to two U.S. citizen parents
   
   If either parent has resided in the United States prior to the birth of the child, the child acquires U.S. citizenship under the provisions of Section 301(c) of the United States Immigration and Nationality Act. There is no requisite period of residence for the parents in the U.S., but it must have been at some time prior to the birth of the child.
2. Born to one U.S. citizen and one alien parent
   1. Born before or on November 13, 1986
      
      The U.S. citizen parent must have been physically present in the United States for a cumulative period (or periods totaling) ten years before the birth of the child, at least five years of which were after the U.S. citizen parent reached the age of fourteen. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 301(g) of the Immigration and Nationality Act.
   2. Born on or after November 14, 1986
      
      The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two years of which were after the U.S. citizen parent reached the age of fourteen years. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 301(g) of the Immigration and Nationality Act (as amended by Public Law 99-653 of November 14, 1986).

Children born out of Wedlock

1. Born to a U.S. citizen mother
   
   The U.S. citizen mother must have been physically present in the United States for a continuous period of at least one year before the child's birth. This period of presence may have been at any time before this child's birth. If this requirement is met, the child acquires U.S. citizenship under the provisions of Section 309(c) of the United States Immigration and Nationality Act.
2. Born to a U.S. citizen father and an alien mother
   
   In November 1986, the United States Immigration and Nationality Act was amended to permit a child born out of wedlock to a U.S. citizen father and an alien mother to acquire U.S. citizenship at birth based upon clear and convincing evidence of paternity. The father must have fulfilled the appropriate physical presence requirements under Section 301(g) of the United States Immigration and Nationality Act (ten or five years of physical presence as explained).

In addition, the United States citizen father must:

• sign a written agreement to provide financial support until the child reaches the age of eighteen years; and
• Make a statement under oath acknowledging parentage, or legitimate the child under the law of the child's residence or domicile; or, have the paternity of the child adjudicated and established by a competent court.