Child born outside of marriage to U.S. Citizen Father and non-U.S. Citizen Mother

A child born abroad outside of marriage to a U.S. citizen father may acquire U.S. citizenship provided they meet the requirements according to the Transmission Requirements Table AND:

• the father has the nationality of the United States at the time of the child's birth
• a blood relationship between the child and the father is established by clear and convincing evidence
• the father acknowledges paternity of the child in writing under oath OR paternity of the child is established by adjudication of a competent court
• the father (unless deceased) agrees in writing to provide financial support for the child until the child reaches 18 years of age.

The following additional documented evidence must be submitted with the application:

• Affidavit of Physical Presence and Parentage*
• Evidence of parents’ “de facto” status (if applicable)
• Evidence of both parents’ physical presence at the state/country at the time of conception of the child
• Evidence of the parents’ relationship before and after the child's birth

  Examples of such evidence could include, but is not limited to:

  • Dated photographs
  • correspondence
  • passports showing visa stamps etc
  • At least 2 witnesses’ written statements (affidavits) attesting to their knowledge of both parents’ relationship and the applicant (child).
  • Witnesses’ valid evidence of identification. (If witnesses are not appearing in person, statements and identification must be notarized). At least one of the witnesses should not be related to any of the parents.
• If the child was born when the non-U.S. citizen mother was married to someone other than the child’s U.S. citizen father, the following may also be required as evidence bearing on actual natural paternity:
  • statement from the man to whom the mother was married disavowing paternity
  • divorce or custody decree mentioning certain of her children, but omitting or specifically excluding the child in question
  • credible statements from neighbors or friends having knowledge of the circumstances leading up to the birth (all of the above evidence must be notarized).

*Please read information regarding supporting documents carefully

• Transmission Requirements Table

  Applicant's Date of Birth	Transmission Requirements of U.S. Citizen Parent(s)	Retention Requirements of Applicant*
  @ Both U.S. citizens, married or not
  Before noon EST 24 May 1934 and prior to 13 January 1941	One parent resided in the U.S.	None
  On or after 13 January 1941	One parent resided in the U.S. or its possession	None
  Married, but only one is a U.S. Citizen
  Before noon EST 24 May 1934	Citizen parent resided in the U.S.	None
  Noon EST 24 May 1934 and prior to 13 January 1941	Citizen parent resided in the U.S.	5 years residence between ages 13 and 21 if begun before 24 December 1952; or any of the below:
  Noon EST 24 May 1934 and prior to 13 January 1941	Citizen parent had physical presence in the U.S. or its possession for ten years, five years after age 16	None if U.S. citizen parent was employed in certain occupation; or any of the below:
  	Citizen parent had honorable services in the U.S. military forces between 12/7/41 and 12/31/46 and had physical presence in U.S. or its possession for ten years, five years after age 12	2 years continuous physical presence between ages 14 and 28; or 5 years continuous physical presence between ages 14 and 28 if begun before 27 October 72; or None if the non-citizen parent naturalized as U.S. citizen and child began to reside permanently in U.S. while under age 18; or None if child born on or after 10 October 1952
  	Citizen parent had honorable services in the U.S. military forces between 1/1/47 and 12/24/52 and had physical presence in U.S. or its possession for ten years, five years after age 14
  On 24 December 1952 and prior to 14 November 1986	Citizen parent had physical presence in U.S. or its possession for ten years, five years after age 14	None
  On or after 14 November 1986	Citizen parent had physical presence in the U.S.or its possession for five years, two years after age 14	None
  @ Unmarried, U.S. citizen mother and non-citizen father
  Before noon EST 24 May 1934	Mother resided in the U.S. and child was not legitimated by father before 13 January 1941	None
  On noon EST 24 May 1934 and prior to 24 December 1952	Mother resided in the U.S. or its possession	None
  On or after 24 December 1952	Mother had physical presence in the U.S. or its possession for one continuous year	None
  Unmarried, U.S. citizen father and non-citizen mother
  Before noon EST 24 May 1934	Father resided in the U.S.; child was legitimated under laws of father's U.S. or foreign domicile	None
  Noon EST 24 May 1934 and prior to 13 January 1941	Father resided in the U.S.; chld was legitimated under laws of father's U.S. or foreign domicile	5 years residence between ages 13 and 21 if begun before 24 December 1952; or any of the below:
  On 13 January and prior to 24 December 1952	Father had physical presence in the U.S. or its possession for ten years, five years after age 16; and paternity established during minority by legitimation or court adjudication before 24 December 1952	None if U.S. citizen parent was employed in certain occupation; or any of the below:
  	Father had physical presence in the U.S. or its possession for ten years, five years after age 14, including honorable services in the U.S. military forces;  AND paternity established before child turns age 21 by the legitimation laws of father's or child's residence/domicile
  	Citizen parent had honorable services in the U.S. military forces between 12/7/41 and 12/31/46 and had physical presence in U.S. or its possession for ten years, five years after age 12	2 years continuous physical presence between ages 14 and 28; or 5 years continuous physical presence between ages 14 and 28 if begun before 27 October 1972; or None if the non-citizen parent naturalized as U.S. citizen and child began to reside permanently in U.S. while under age 18; or None if child born on or after 10 October 1952
  On 24 December 1952 to 14 November 1968	Father had physical presence in the U.S. or its possession for ten years, five years after age 14; and paternity established before child turns age 21 by the legitimation laws of father's or child's residence/domicile	None
  After 14 November 1968 to 14 November 1971	Father had physical presence in the U.S. or its possession for ten years, five years after age 14; and Blood relationship established between father and child, father (unless deceased) agrees in writing to support child until age 18, and while child is under age 18: child is legitimated; or father acknowledges paternity; or paternity established by court adjudication; or Paternity is established before child turns age 21 by the legitimation laws of father's or child's residence/domicile	None
  After 14 November 1971 and prior to 14 November 1986	Father had physical presence in the U.S. or its possession for ten years, five years after age 14; and blood relationship established between father and child, father (unless deceased) agrees in writing to support child until age 18, and while child is under age 18: child is legitimated; or father acknowledges paternity; or paternity established by court adjudication	None
  On or after 14 November 1986	Father had physical presence in the U.S. or its possession for five years, two years after age 14; and blood relationship established between father and child, father (unless deceased) agrees in writing to support child until age 18, and while child is under age 18: child is legitimated; or father acknowledges paternity; or paternity established by court adjudication	None

  * Persons failing to fulfill the retention requirements may have their citizenship restored upon taking an Oath of Allegiance.

Last update Tuesday, 8 April 2008