U.S. Citizenship Through Parents, Derivative Citizenship, Acquisition of U.S. Citizenship by Children Born Abroad

RETURN TO HOMEPAGE

Nationality Chart No. 1

For determining whether
LEGITIMATE CHILDREN BORN OUTSIDE THE U.S.
Acquired U.S. Citizenship at Birth

Step 1

Select Period In
Which Child Was Born
Step 2

Select
Applicable
Parentage
Step 3
Measure citizen parent's residence agains the requirements for the period in which child was born. (The child acquired U.S. citizenship at birth if, at time of child's birth, citizen parent had met applicable residence requirements.)

Before noon (EST) 5/24/1934

Either parent citizen

Citizen parent resided in the U.S. before the child’s birth.

On or after noon (EST) 5/24/1934 and before 1/13/41

Both parents citizens

If both parents are U.S. citizens, at least one resided in the U.S. before the child’s birth.

One citizen and one alien parent

If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. before the child’s birth.

On or after 1/13/41 and before 12/24/1952

One citizen and one alien parent

Citizen had resided in U.S. or its outlying possessions 10 years, at least 5 of which were after age 16, or if citizen parent served honorably in U.S. Armed Forces: (1) between 12/7/41 and 12/31/46, 5 of the required 10 years may have been after age 12; or (2) between 12/31/46 and 12/24/52, parent needed 10 years physical presence, at least 5 of which were after age 14.

Both parents citizens

One had resided in the U.S. or its outlying possessions.

On or After 12/24/1952 and before 11/13/1986

Both parents citizens

One had resided in the U.S. or its outlying possessions. (1)

One citizen and one alien parent

Citizen had been physically present in the U.S. or its outlying possessions for 10 years, at least 5 of which were after age 14. (1)

On or after 11/13/1986

Both parents citizens

At least one resided in the U.S. or its outlying possessions before the child’s birth. (1)

One citizen and one alien parent

Citizen parent must have been physically present in the U.S. or its outlying possessions for 5 years, at least 2 of which were after age 14. (1)

(1) Physical presence abroad of dependent unmarried son or daughter as member of household of a person serving honorably in U.S. Armed Forces or employed by U.S. Government or International Organization may be counted as physical presence.

Editor's Note: The requirement that a child born outside the United States who acquired U.S. citizenship at birth reside in the U.S. for a certain period of time was eliminated prospectively on October 10, 1978 and retroactively in 1994. The 1994 law provides that a person who lost their citizenship due their failure to meet the retention requirement before October 10, 1978 may regain their citizenship upon taking an oath of allegiance to the United States.

Step 1 Select Period In Which Child Was Born	Step 2 Select Applicable Parentage	Step 3 Measure citizen parent's residence agains the requirements for the period in which child was born. (The child acquired U.S. citizenship at birth if, at time of child's birth, citizen parent had met applicable residence requirements.)
Before noon (EST) 5/24/1934	Either parent citizen	Citizen parent resided in the U.S. before the child’s birth.
On or after noon (EST) 5/24/1934 and before 1/13/41	Both parents citizens	If both parents are U.S. citizens, at least one resided in the U.S. before the child’s birth.
On or after noon (EST) 5/24/1934 and before 1/13/41	One citizen and one alien parent	If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. before the child’s birth.
On or after 1/13/41 and before 12/24/1952	One citizen and one alien parent	Citizen had resided in U.S. or its outlying possessions 10 years, at least 5 of which were after age 16, or if citizen parent served honorably in U.S. Armed Forces: (1) between 12/7/41 and 12/31/46, 5 of the required 10 years may have been after age 12; or (2) between 12/31/46 and 12/24/52, parent needed 10 years physical presence, at least 5 of which were after age 14.
On or after 1/13/41 and before 12/24/1952	Both parents citizens	One had resided in the U.S. or its outlying possessions.
On or After 12/24/1952 and before 11/13/1986	Both parents citizens	One had resided in the U.S. or its outlying possessions. (1)
On or After 12/24/1952 and before 11/13/1986	One citizen and one alien parent	Citizen had been physically present in the U.S. or its outlying possessions for 10 years, at least 5 of which were after age 14. (1)
On or after 11/13/1986	Both parents citizens	At least one resided in the U.S. or its outlying possessions before the child’s birth. (1)
On or after 11/13/1986	One citizen and one alien parent	Citizen parent must have been physically present in the U.S. or its outlying possessions for 5 years, at least 2 of which were after age 14. (1)