"Nationality Chart 1 - Children Born Outside U.S. in Wedlock"

Nationality Chart 1 - Children Born Outside U.S. in Wedlock is a 3-page legal document that was released by the U.S. Department of Homeland Security - Citizenship and Immigration Services and used nation-wide.

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Nationality Chart 1
Children Born Outside U.S. in Wedlock
PERIOD IN WHICH
CITIZENSHIP OF
PARENTS’ RESIDENCE &
CHILD’S RETENTION
CHILD WAS BORN
PARENTS AT TIME
PHYSICAL PRESENCE
REQUIREMENT
OF CHILD’S BIRTH
PRIOR TO CHILD’S BIRTH
STEP 1: Determine
STEP 2: Determine
STEP 3: Did USC parent meet
STEP 4: Did child meet retention
period in which child
parents’ citizenship at
residence or physical presence
requirement (if any)? (Child lost
was born
time of child’s birth
requirement prior to birth? (If
citizenship on date it became
Yes, child was a USC at birth)
impossible to meet requirement)
Prior To
USC parent resided in
Either parent a USC*
Not Applicable
May 24, 1934
U.S.
On or After
May 24, 1934
At least one USC parent
Both parents USCs
Not Applicable
resided in U.S.
and Prior To
Jan. 13, 1941
** 5 years residence in U.S. or OLP
between ages 13 and 21 (must start
One USC parent and
USC parent resided in
On or After
before age 16)
one alien parent
U.S.
May 24, 1934
OR
** 5 years continuous physical
presence in U.S. between ages of 14
and Prior To
and 28 (must start before age 23)
OR
Jan. 13, 1941
** 2 years continuous physical
presence in U.S. between ages of 14
and 28 (must start before age 26)
OR
Exempt, if at time of child's birth,
USC parent was employed by U.S.
Government or specified
organization (Exemption does not
apply if parent used a special
provision). See Notes 1, 2, 4
5 years residence in U.S. or OLP
One USC parent and
USC parent resided in
On or After
between ages 13 and 21 (must start
one alien parent
U.S. or OLP for 10 years,
Jan. 13, 1941
before age 16)
OR
at least 5 after age 16
5 years continuous physical
and Prior To
presence in U.S. between ages of 14
Special provisions for parents with
and 28 (must start before age 23)
Dec. 24, 1952
honorable service in U.S. armed
OR
forces:
2 years continuous physical
presence in U.S. between ages of 14
(1) Between 12/7/41 & 12/31/46,
and 28 (must start before age 26)
10 years of residence, at least 5
OR
after age 12
Exempt, if at time of child's birth,
USC parent was employed by U.S.
(2) Between 1/1/47 & 12/24/52,
Government or specified
10 years of physical presence, at
organization (Exemption does not
least 5 after age 14.
apply if parent used a special
provision). See Notes 1, 2, 4
See Note 3
Nationality Chart 1
Children Born Outside U.S. in Wedlock
PERIOD IN WHICH
CITIZENSHIP OF
PARENTS’ RESIDENCE &
CHILD’S RETENTION
CHILD WAS BORN
PARENTS AT TIME
PHYSICAL PRESENCE
REQUIREMENT
OF CHILD’S BIRTH
PRIOR TO CHILD’S BIRTH
STEP 1: Determine
STEP 2: Determine
STEP 3: Did USC parent meet
STEP 4: Did child meet retention
period in which child
parents’ citizenship at
residence or physical presence
requirement (if any)? (Child lost
was born
time of child’s birth
requirement prior to birth? (If
citizenship on date it became
Yes, child was a USC at birth)
impossible to meet requirement)
Prior To
USC parent resided in
Either parent a USC*
Not Applicable
May 24, 1934
U.S.
On or After
May 24, 1934
At least one USC parent
Both parents USCs
Not Applicable
resided in U.S.
and Prior To
Jan. 13, 1941
** 5 years residence in U.S. or OLP
between ages 13 and 21 (must start
One USC parent and
USC parent resided in
On or After
before age 16)
one alien parent
U.S.
May 24, 1934
OR
** 5 years continuous physical
presence in U.S. between ages of 14
and Prior To
and 28 (must start before age 23)
OR
Jan. 13, 1941
** 2 years continuous physical
presence in U.S. between ages of 14
and 28 (must start before age 26)
OR
Exempt, if at time of child's birth,
USC parent was employed by U.S.
Government or specified
organization (Exemption does not
apply if parent used a special
provision). See Notes 1, 2, 4
5 years residence in U.S. or OLP
One USC parent and
USC parent resided in
On or After
between ages 13 and 21 (must start
one alien parent
U.S. or OLP for 10 years,
Jan. 13, 1941
before age 16)
OR
at least 5 after age 16
5 years continuous physical
and Prior To
presence in U.S. between ages of 14
Special provisions for parents with
and 28 (must start before age 23)
Dec. 24, 1952
honorable service in U.S. armed
OR
forces:
2 years continuous physical
presence in U.S. between ages of 14
(1) Between 12/7/41 & 12/31/46,
and 28 (must start before age 26)
10 years of residence, at least 5
OR
after age 12
Exempt, if at time of child's birth,
USC parent was employed by U.S.
(2) Between 1/1/47 & 12/24/52,
Government or specified
10 years of physical presence, at
organization (Exemption does not
least 5 after age 14.
apply if parent used a special
provision). See Notes 1, 2, 4
See Note 3
Nationality Chart 1
Children Born Outside U.S. in Wedlock
PERIOD IN WHICH
CITIZENSHIP OF
PARENTS’ RESIDENCE &
CHILD’S RETENTION
CHILD WAS BORN
PARENTS AT TIME
PHYSICAL PRESENCE
REQUIREMENT
OF CHILD’S BIRTH
PRIOR TO CHILD’S BIRTH
STEP 1: Determine
STEP 2: Determine
STEP 3: Did USC parent meet
STEP 4: Did child meet retention
period in which child
parents’ citizenship at
residence or physical presence
requirement (if any)? (Child lost
was born
time of child’s birth
requirement prior to birth? (If
citizenship on date it became
Yes, child was a USC at birth)
impossible to meet requirement)
On or After
Jan. 13, 1941
At least one USC parent
Both parents USCs
Not Applicable
resided in U.S. or OLP
and Prior To
See Note 3
Dec. 24, 1952
On or After
At least one USC parent
Dec. 24, 1952
Both parents USCs
Not Applicable
resided in U.S. or OLP
See Note 3
and Prior To
Nov. 11, 1986
On or After
USC parent physically
Dec. 24, 1952
One USC parent and
present in U.S. or OLP 10
Not Applicable
one alien parent
years, at least 5 after age
and Prior To
14.
See Note 3
Nov. 11, 1986
At least one USC parent
On or After
Both parents USCs
Not Applicable
resided in U.S. or OLP
Nov. 11, 1986
See Note 3
On or After
USC parent physically
One USC parent and
present in U.S. or OLP 5
Nov. 11, 1986
Not Applicable
one alien parent
years, at least 2 after age
14.
See Note 3
Notes
* USC mother added by Immigration and Nationality Technical Corrections Act of 1994 (INTCA 94).
Note 1: Absence of less than 12 months in the aggregate during the 5-year period will not break continuity of
residence or physical presence; absence of less than 60 days in the 2-year period in the aggregate will not break
continuity of physical presence. Honorable service in the U.S. armed forces counts as residence or physical
presence.
Note 2: A child is relieved from the retention requirements if, prior to his 18th birthday, the child begins to
reside permanently in the United States and the alien parent naturalizes.
Note 3: Includes periods spent abroad while employed by the U.S. government or an international organization
OR as the dependent unmarried son or daughter member of the household of such employee.
Note 4: Public Law 95-432 of October 10, 1978 repealed retention requirements prospectively only. Anyone
born on or after 10/11/52 (i.e., not age 26 on 10/10/78) no longer had retention requirements. The amending
legislation was prospective only and did not restore citizenship to anyone who, prior to its enactment, had lost
citizenship for failing to meet the retention requirements.
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