Did you know that if you were born abroad to at least one U.S. citizen parent you can most likely obtain U.S. citizenship?
There are five different categories in which you may ask for U.S. citizenship if you were born abroad. They are the following:
Child born abroad in wedlock to two U.S. citizen parents
Child born abroad in wedlock to one U.S. citizen parent and an alien
Child born abroad out of wedlock to two U.S. citizen parents
Child born abroad out of wedlock to a U.S. citizen father and alien mother
Child born abroad out of wedlock to a U.S. citizen mother
1) Child born abroad in wedlock to two U.S. citizen parents
If you were born abroad in wedlock from a U.S. citizen mother and a U.S. citizen father, you gain U.S. citizenship at birth, if at least one of your parents resided in the United States or one of its outlying possessions prior to your birth.
2) Child born abroad in wedlock to one U.S. citizen parent and an alien
If you were born abroad in wedlock to a U.S. citizen and an alien, you gain U.S. citizenship at birth if your U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to your birth for the period required by the law that was in effect when you were born.
If your birth was on or after November 14, 1986, your U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 5 years prior to your birth, at least 2 of those years must have been after your parent turned 14.
If your birth was between December 24, 1952 and November 13, 1986, your U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to your birth. At least 5 of those years must have been when your parent was over the age of 14. Your U.S. citizen parent must be the genetic or the gestational parent and the legal parent of you (the child) under local law at the time and place of your birth to transmit U.S. citizenship.
3) Child born abroad out of wedlock to two U.S. citizen parents
If you were born abroad out-of-wedlock on or after November 14, 1986 to two U.S. citizen parents, and your U.S. citizen father satisfies the criteria of the “new” Immigration and Naturalization Act (INA) Section 309(a) which I will list below, you will acquire U.S. citizenship if at least one of your parents resided in the United States or one of its outlying possessions prior to your birth.
Alternatively, you will automatically gain U.S. citizenship if your U.S. citizen mother satisfies the requirements for out-of-wedlock births to U.S. citizen mothers.
4) Child born abroad out of wedlock to a U.S. citizen father and alien mother
A person born abroad out-of-wedlock on or after November 14, 1986 to a U.S. citizen father and an alien mother may acquire U.S. citizenship under the new INA Section 309(a) if:
A blood relationship between you and your father is established by clear and convincing evidence.
The father was a U.S. citizen at the time of your birth.
The father (unless deceased) has agreed in writing to provide financial support for you until you reach the age of 18; and
While you are under the age of 18 years:
you are legitimated under the law of your residence or domicile, or
your father acknowledges paternity in writing under oath, or
the paternity is established by a court
If you were born abroad out-of-wedlock on or after November 14, 1986 to a U.S. citizen father who satisfies the requirements of the “new” INA 309(a) as listed above, you will acquire U.S. citizenship if the U.S. citizen father was physically present in the United States or one of its outlying possessions for 5 years prior to your birth, at least 2 of which were after your parent turned 14.
5) Child born abroad out of wedlock to a U.S. citizen mother
If you were born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017, you may acquire U.S. citizenship under Section 309(c) of INA if your mother was a U.S. citizen at the time of your birth and if she was physically present in the United States or one of its outlying possessions for 1 year prior to your birth.
If you were born abroad out-of-wedlock to a U.S. citizen mother and alien father on or after June 12, 2017, you may acquire U.S. citizenship at birth if your mother was a U.S. citizen at the time of your birth and was physically present in the United States or one of its outlying possessions for 5 years, including 2 years after turning 14.