A person born abroad in wedlock to a U.S. citizen mother and a U.S. citizen father acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA), if at least one of the parents resided in the United States or one of its outlying possessions prior to the person’s birth.

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

For birth between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

If the child was born abroad out-of-wedlock on or after November 14, 1986 to two U.S. citizen parents, and the U.S. citizen father satisfies the criteria of the “new” INA 309(a), listed below, the child will acquire U.S. citizenship under INA 301(c) if at least one of the parents resided in the United States or one of its outlying possessions prior to the person’s birth. 

Alternatively, if the U.S. citizen father does not satisfy the criteria of the “new” INA 309(a), the child will automatically acquire U.S. citizenship if the U.S. citizen mother satisfies the requirements for out-of-wedlock births to U.S. citizen mothers, as described below. 

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 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA, if:

1. A blood relationship between the person and the father is established by clear and convincing evidence.
2. The father was a U.S. citizen at the time of the person’s birth;
3. The father (unless deceased) has agreed in writing to provide financial support for the person until he or she reaches the age of 18 years; and
4. While the person is under the age of 18 years:
   • the person is legitimated under the law of his/her residence or domicile, or
   • the father acknowledges paternity of the person in writing under oath, or
   • the paternity of the person is established by adjudication of a competent court.

If the child was 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, the child 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 five years prior to the person’s birth, including at least two of which were after turning age 14.

Please note: Persons born between November 15, 1968 and November 13, 1971 may derive U.S. citizenship under either the “new” INA 309(a) and 301, as described above, or the “old” INA 309(a) and 301.)
 

A person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’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 person’s birth.

In light of the U.S. Supreme Court’s decision in Sessions v. Morales-Santana, 582 U.S. ___, 137 S.Ct. 1678 (2017), a person born abroad out-of-wedlock to a U.S. citizen mother and alien father on or after June 12, 2017, may acquire U.S. citizenship at birth if the mother was a U.S. citizen at the time of the person’s birth and was physically present in the United States or one of its outlying possessions for a period of five years, including two after turning age 14, in accordance with Section 301(g) of the INA.