US citizenship and naturalization provisions allow individuals who are not born in the US become citizens through either judicial ceremony (when the court administers the “oath of allegiance”) or through administrative ceremony (when USCIS administers the “oath of allegiance”).
A child may receive “Citizenship” after the oath of her parents, even if she has not applied for citizenship.
A child under definition of USCIS is an unmarried person of under 18 years of age who is genetic, legitimated or adopted son or daughter of US citizen parents or the son or daughter of none-genetic gestational US citizen mother.
A child born in the United, who is subject to the jurisdiction of the United States is a US citizen at birth. A child born in a US Military base abroad is a US citizen at birth.
A child who is born to at least one US citizen parent may be a citizen at birth if parents make physical and residency requirements prior to the birth.
Under INA 301 or INA 309, a nongenetic child born outside of US to a US citizen surrogate, mother is a US citizen, if she is recognized as legal parent by the relevant jurisdiction and if she is otherwise qualified as to all other applicable requirements.
A consulate officer may determine such citizenship at birth by following the guidelines of the applicable statutory provisions and conditions.
A child born out of wedlock, is a US citizen at birth if at the time of birth, both parents are US citizens and at least one parent resided in the US.
A child born to parents US citizen and US national is a US citizen, if the citizen parent had an at least one year of continuous residency in the US or one of US territories (outlying possessions).
A child born outside of the United States and its territories acquires citizenship at birth if at the time of birth:
• One parent is a U.S. citizen and the other parent is a U.S. national; and
• The U.S. citizen parent was physically present in the United States or one of its outlying possessions for a continuous period of at least one year.
A child born to a US citizen parent and an alien parent is a US citizen if citizen parents had at least 5 year US residency, 2 of which was after citizen parents being 14 years of age.
Time abroad physical present is considered time inside US , if the presence is on any of US military bases, or while employed by US qualified organizations or time spent as dependent unmarried of such person.
Child born outside of the US to a US citizen mother and alien father, is a US citizen if mother resided in the US prior to the birth.
Child born to a US citizen father abroad and out of wedlock must follow multiple requirements to be a US citizen at birth, including financial agreements between mother and father dated before the child is 18 and established paternity test by the court order or father’s written testimony that this is his child.
Child born to a US citizen mother abroad and out of wedlock mother must have only one year continuous residency in the US prior to the birth if child is born before June 12, 2017, but for the children born after June 12, 2017 mothers must have 5 continuous years of US residency , two of which is after mother being 14 years of age.
The qualified child and through parents applies to receive “certificate of citizenship” at the US consulate abroad and interviews are generally waived for a child under 14 years of age.
This is a legal blog. It is not intended to be used as legal advice.
This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA). Ramona Kennedy is fluent in English and Farsi (Persian).
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