Citizenship through Birth

Are you a U.S. Citizen based on your Father or Mother being a U.S. Citizen?

As most people are aware, a child born WITHIN the United States is considered a U.S. citizen by birth. However, in many cases, a child is a born outside the United States. In these instances, sometimes the child is born to a U.S. citizen father and other times the child's mother is a U.S. citizen. In both instances, the child can be deemed a U.S. citizen upon meeting certain requirements. An additional factor that is often overlook is whether a child is born to a MARRIED U.S. citizen father or mother. Please keep in mind that any residence requirements including the United States or one of its outlying possessions (American Samoa and Swains Island). Further, The U.S. citizen parent must be genetically the parent of the child to confer U.S. citizenship unless stated otherwise.

Child Born to Two Married U.S. Citizens Abroad

Under section 301(c) of the Immigration and Nationality Act ("INA"), a child acquires U.S. citizenship at birth if both parents are U.S. citizens at the time of birth and married. However, one of the U.S. citizen parents must have actually resided in the United States prior to the child's birth.

Child Born to a Married U.S. Citizen and Alien Parent

Under section 301(g) of the INA, a child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth if the U.S. citizen parent was physically present in the United States for the time period required by the law applicable at the time of the child's birth. The U.S. citizen parent must be genetically the parent of the child to confer U.S. citizenship.

  • For birth on or after 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 November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.
    • If you are looking for affordable immigration attorneys with experience, dedication, and understanding, call us today at 405.600.9910. Free consultation available.

    Child Born to a Unmarried U.S. Citizen Mother and Alien Father

    Under section 309(c) of the INA, a child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship if she was a U.S. citizen at the time of the child's birth and if the mother was 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.

    Child Born to a Unmarried U.S. Citizen Father and Alien Mother

    Under "new" section 309(a) of the INA, a child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship if he meets the following requirements.

    1. A blood relationship between the person and the father is established by clear and convincing evidence;
    2. The father had the nationality of the United States at the time of the child's birth;
    3. The father was physically present in the United States or its outlying possessions prior to the child's birth for five years, at least two of which were after reaching the age of 14.
    4. The father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches the age of 18 years, and
    5. While the child is under the age of 18 years: (a) the child is legitimated under the law of his/her residence or domicile, (b) the father acknowledges paternity of the child in writing under oath, or the paternity of the child is established by adjudication of a competent court.

    Please keep in mind that the "old" section 309(a) of the INA is applicable to children who were 18 on November 14, 1986 and to children whose paternity had been established by legitimation prior to that date. Children who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a). Under the "old" section 309(a), a child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child's birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21.

    Children Born outside the United States and Permanently Residing in the United States (including Adopted Children)

    Under section 320 of the INA, a child automatically acquires U.S. citizenship if the following requirements are met (including children adopted by U.S. citizens):

    1. At least one parent of the child is a citizen of the United States, whether by birth or naturalization.;
    2. The child is under the age of eighteen years.;
    3. The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
    If you are a U.S. citizen parent with born abroad or a child living abroad born to a U.S. citizen, please contact our office at (405) 600-9910 about eligibility on becoming a U.S. citizen. Please keep in mind that many of these requirements require action to be taken before the child turn eighteen (18) years of age.