This requirement was not affected by the Sessions v. citizen 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. citizen father does not satisfy the criteria of the “new” INA 309(a), the child will automatically acquire U.S. citizenship under INA 301(c) if at least one of the parents had a residence in the United States or one of its outlying possessions prior to the person’s birth.Īlternatively, if the U.S. citizen father satisfies the criteria of the “new” INA 309(a), listed below, the child will acquire U.S. If the child was born abroad out-of-wedlock on or after Novemto two U.S. citizen parent or their alien spouse must have a genetic or gestational connection to the child in order for the U.S. citizenship at birth. In these cases, either 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. 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.įor birth between Decemand November 13, 1986, 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)).įor birth on or after November 14, 1986, the U.S. A person born abroad in wedlock to a U.S.
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