Derivation of Citizenship

Derivation of Citizenship

The laws on whether or not you are a US citizen are simple when you are born in the United States. Unless you were born to foreign diplomats, you are a US citizen if you were born in the US whether or not you were born to US citizen parents. The birth certificate from the state in which you were born is proof of your US citizenship and no further work needs to be done to prove your US citizenship. However, if you are born abroad the law becomes a lot more complicated and depends on a number of things including the citizenship status of your parents (and possibly grandparents) when you were born, the date when you were born, how much time your citizen parent had lived in the United States at the time of your birth, when your parents became naturalized US citizens if this was done after you were born, and whether or not you were born in or out of wedlock when you were born outside of the United States. This can be very confusing, but the following information should help you determine whether or not you automatically gained US citizenship at birth and do not need to go through the US citizenship process outside of receiving documentation of your status.

If you were born abroad on or after December 24, 1952 to two US citizen parents, then you are automatically a US citizen if one of your parents resided in the US before you were born.

If you were born abroad on or after November 14, 1986 to one US citizen and one non-US citizen, you are automatically a US citizen of the US citizen parent had lived in the US for at least 5 years, 2 of which were after turning 14.

If you were born between December 24, 1952 and November 14, 1986 to one US citizen and one non-US citizen, you are automatically a US citizen of the US citizen parent had lived in the US for at least 10 years, 5 of which were after turning 14. In this case, US military service can count towards US presence.

If you were born out of wedlock, the rules change slightly and you must inquire about your specific situation with an immigration attorney or the US State Department.

Similarly, different applications of immigration law apply to citizenship cases wherein the US parent of a child born abroad had not lived in the United States for the requisite amount of time, but the child’s grandparent is also a US citizen. Again, in these cases, it is important to contact an immigration attorney or the US State Department in order to get information on your specific situation.

Acquiring US CITIZENSHIP FOR CHILDREN BORN abroad IN WEDLOCK

PERIOD OF TIME PARENTS US CITIZEN PARENT CHILD
Period in which child was born Citizenship of the parents at time of child’s birth Determine if residence requirement was met prior to the birth of the child. If yes, the child was a USC at birth Determine if child has lost U.S. citizenship-the child lost citizenship on the date it became impossible to meet the retention requirements
Prior to
5/24/34		 Either parent a US Citizen* U.S. citizen had resided in the U.S. NONE
On/after 5/24/34 and before 1/13/41 Both parents US citizens One parent had resided in the U.S. NONE
One US Citizen parent and one alien parent US Citizen parent had resided in the U.S. ** 5 years residence in the U.S. between ages 13 and 21 and must start before age 16.
On or after 1/13/41 and before 12/24/52 One US Citizen parent and one alien parent US Citizen parent had resided in the U.S. for 10 years, at least 5 of which were after age 16. EXCEPTIONS for honorable service in U.S. Armed Forces: 1.     Between 12/7/41 & 12/31/46, 5 of the required 10 years must have been after age 12. 2.     Between 1/1/47 & 12/24/52, 10 years physical presence, at least 5 of which were after age 14. Note 3 OR ** 2 years continuous physical presence in U.S. between ages of 14 and 28 which must start before age 26.     OR ** NONE, if at time of child’s birth, US Citizen parent was employed by the U.S. Government or a specified U.S. organization. Does not apply if parent used an exception. Notes 1, 2, 4
Both US Citizen parents One had resided in the U.S. or OLP Note 3 NONE
On/after 12/24/52 and prior to 11/14/86 Both US Citizen parents One had resided in the U.S. or OLP Note 3 NONE
One US Citizen parent and one alien parent US Citizen physically present in U.S. 10 years, at least 5 after age 14. Note 3 NONE
On/after 11/14/86 Both US Citizen One had resided in the U.S. or OLP Note 3 NONE
One US Citizen parent and one alien parent US Citizen parent physically present in U.S. or OLP 5 years, at least 2 after the age of 14. Note 3 NONE

NOTES:

1.     Absence of > 12 months in the sum total will not break residence; absence of less than 60 days in the sum total will not break continuity of physical presence. Honorable service in the U.S. Armed Forces counts as residence or physical presence.

2.     A child is relieved from the retention requirements if, before his or her 18th birthday, the child begins to reside permanently in the U.S. and the alien parent naturalizes. In addition, the child must live with the naturalized parent(s).

3.     Includes periods spent abroad while employed by the U.S. government or an international organization or as the dependent unmarried son or daughter member of the household of such employee.

4.     Public Law 95-432 of October 10, 1978 repealed retention requirements prospectively only. Anyone born on or after 10/11/52 (i.e., not age 26 on 10/10/78) no longer had retention requirements.

* Mother added because of Technical Amendments of 1994.
** Retention requirements were repealed because of Technical Amendments of 1994, which made a process available for restoration.

Acquiring US CITIZENSHIP FOR CHILDREN BORN OUTSIDE THE U.S. OUT OF WEDLOCK

Birth date of child U.S. Citizen Mother
Before 5/24/34 The child was born an alien. However, the child became a U.S. citizen retroactively to birth on 01/13/41 if: 1. The mother had resided in the U.S. or OLP prior to the child’s birth, unless 2. The child was legitimated by alien father prior to 1/13/41.
On or after 5/24/34 & before 12/24/52 Mother had resided in the U.S. or OLP at any time prior to the child’s birth.
On or after 12/24/52 Mother had one year of continuous physical present in the U.S. or OLP at any time prior to child’s birth.
Birth date of child U.S. Citizen Father Legitimates Child
Before 5/24/34 1. Child legitimated at any time after birth under law of father’s domicile. 2. US Citizen parent(s) had the required residence at time of child’s birth. 3. See Chart 1 4. No residence required for child to retain U.S. citizenship.
On or after 5/24/34 & before 1/13/41 1. Child legitimated at any time after birth under law of father’s domicile. 2. US Citizen parent(s) had the required residence at time of child’s birth. 3. See Chart 1 4. Child met retention requirements. 5. See Chart 1
On or after 1/13/41 & before 12/24/52 1. Child legitimated before age 21 under law of father’s or child’s domicile. 2. US Citizen parent(s) had the required residence at time of child’s birth. 3. See Chart 1 4. Child met retention requirements. 5. See Chart 1
On or after 12/24/52 & before 11/14/86 1. Child legitimated before age 21 under law of father’s or child’s domicile. 2. Child legitimated PRIOR to 11/14/86 3. Child must be unmarried. 4. US Citizen parent(s) had the required residence at time of child’s birth. 5. See Chart 1 6. No residence required for child to retain U.S. citizenship.
Relationship established U.S. Citizen Father Legitimates OR Acknowledges Child
On/after 11/14/86 1. Child legitimated OR acknowledged before age 18*: · Legitimated under law of child’s residence or domicile, OR · Paternity acknowledged in writing under oath, OR · Paternity established by court order. 2. Blood relationship established. 3. Father, unless deceased, has agreed in writing under oath to provide financial support until child reaches age 18 if not married to the mother. 4. Child must be unmarried. 5. US Citizen parent(s) had the required residence at time of child’s birth. 6. See Chart 1 *A child 18 or over on 11/14/86 could use the old law. A child at least 15, but under 18, could use either law (DOB on or after 11/15/68).

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