Acquisition Of Citizenship printable pdf download

CHART B: ACQUISITION OF CITIZENSHIP

DETERMINING IF CHILDREN BORN OUTSIDE THE U.S. AND

BORN OUT OF WEDLOCK ACQUIRED U.S. CITIZENSHIP AT BIRTH

PART 1 — Mother was a U.S. citizen at the time of the child's birth.

PART 2 — Mother was not a U.S. citizen at the time of the child's birth and the child was legitimated or acknowledged by a U.S.

citizen father.

Please Note: A child cannot acquire citizenship at birth through an adoption.

PART 1: MOTHER IS A U.S. CITIZEN AT THE TIME OF THE CHILD'S BIRTH

Date of Child’s Birth:

Requirements:

Mother was a U.S. citizen who had resided in the U.S. or its outlying possessions at some point prior to

birth of child

EXCEPTION: The child will not acquire citizenship through the U.S. citizen mother if he or she was

Prior to 12/24/52:

legitimated by the father under the following circumstances:

1. The child was born before 5/24/34;

2. The child was legitimated before turning 21; AND

3. The legitimation occurred before 1/13/41.

Mother was U.S. citizen physically present in the U.S. or its outlying possessions for a continuous

On/after 12/24/52:

period of 1 year at some point prior to birth of child.

PART 2: MOTHER WAS NOT A U.S. CITIZEN AT THE TIME OF THE CHILD'S BIRTH AND THE CHILD HAS BEEN

LEGITIMATED OR ACKNOWLEDGED BY FATHER,

WHO WAS A U.S. CITIZEN WHEN CHILD WAS BORN

Date of Child’s Birth:

Requirements:

Child legitimated at any time after birth, including adulthood, under law of father’s domicile.

Prior to 1/13/41:

Use CHART A for residency requirements to determine if child acquired citizenship at birth.

Child legitimated before age 21 under law of father’s domicile, or paternity established through

court proceedings before 12/24/52.

On/after 1/13/41 and prior

Use CHART A for residency requirements to determine if child acquired citizenship at birth unless

to 12/24/52:

paternity established through court proceeding.

Child legitimated before age 21 under law of father or child’s domicile.

On/after 12/24/52 and prior

Use CHART A for residency requirements to determine if child acquired citizenship at birth.

to 11/15/68:

OPTION A:

Child legitimated before age 21 under law of father or child’s domicile.

Use CHART A for residency requirements to determine if child acquired citizenship at birth.

OPTION B:

1. Child/father blood relationship established by clear and convincing evidence;

2. Father must have been a U.S. citizen at the time of child’s birth;

On/after 11/15/68 and prior

to 11/15/71:

Father, unless deceased, must provide written statement under oath that he will provide financial

support for child until s/he reaches 18;

and

While child is under age 18, child must be legitimated under law of child’s residence or domicile,

or father must acknowledge paternity of child in writing under oath, or paternity must be

established by competent court.

Use CHART A for residency requirements to determine if child acquired citizenship at birth.

Child/father blood relationship established by clear and convincing evidence;

Father must have been a U.S. citizen at the time of child’s birth;

Father, unless deceased, must provide written statement under oath that he will provide financial

support for child until s/he reaches 18; and

On/after 11/15/71:

While child is under age 18, child must be legitimated under law of child’s residence or domicile,

or father must acknowledge paternity of child in writing under oath, or paternity must be

established by competent court.

Use CHART A for residency requirements to determine if child acquired citizenship at birth.

Produced by the ILRC (March 2014)

Please Note: This Chart is intended as a general reference guide and the ILRC recommends practitioners research the

applicable laws and INS Interpretations for additional information.

17-B-3

Acquisition Of Citizenship

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