United States Citizenship 400-19-45-40-10

(Revised 6/1/10 ML #3225)

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U.S. citizens include anyone born in:

 

A child born abroad in wedlock (including in Canada and Mexico) acquires U.S. citizenship at birth if the child was born:

  1. To two U.S. citizen parents provided that one of the parents had a residence in the U.S. prior to the child’s birth; or

  2. To one U.S. citizen parent and one alien parent:

  1. For a child born on or after November 14, 1996, the citizen parent was physically present in the U.S for a period of five years of which two must have been after the age of fourteen; and

  2. For a child born between December 24, 1952 and November 13, 1986, the citizen parent was physically present in the U.S. for a period of ten years, of which five must have been after the age of fourteen.

 

A child born abroad out of wedlock (including in Canada and Mexico) acquires U.S. citizenship at birth if the child was born:

  1. To a U.S. citizen father provided all of the following criteria are met:

  1. A blood relationship between the child and the father is established by clear and convincing evidence; and

  2. The father had the nationality of the U.S. at the time of the child’s birth; and

  3. The father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches age 18 years; and

  4. While the child is under the age of 18 years:

  1. The child is legitimated under the law of the child’s residence; and

  2. The father acknowledges paternity of the person in writing under oath, or

  3. The paternity of the child is established by adjudication court.

  1. To a U.S. Citizen Mother if the mother was a U.S. citizen at the time of the child’s birth, and if the mother had previously been physically present in the U.S. (or one of its outlying territories) for a continuous period of one year.