Requirements for Birth Abroad

American Citizens Services Unit
Requirements of U.S. Immigration and Naturalization Act for Transmission of U.S. Citizenship to Children Born Abroad

Birth Abroad to Two U.S. Citizen Parents:
A child born abroad to two U.S. citizen parents, whether or not the parents are married, acquires U.S. citizenship at birth under Section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.

Birth Abroad in Wedlock to One U.S. Citizen Parent and One Alien Parent:

A: A child born abroad, in wedlock, to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the Immigration and Nationality Act (INA) provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth after 2:07 PM, November 14, 1986, a period of five years' physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and at or before 2:07 PM, November 14, 1986, a period of ten years' physical presence, five after the age of fourteen, is required to transmit U.S. citizenship to the child.)

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father and Alien Mother:

A child born abroad out-of-wedlock to a U.S. citizen father and alien mother may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by Section 309(a) of the INA, provided:

1.

A blood relationship between the applicant and the father is established by clear and convincing evidence;
2.

The father had the nationality of the United States at the time of the child's birth;
3.

The father (unless deceased) had agreed in writing to provide financial support for the child until reaches the age of 18 years, and
4.

While the child is under the age of 18 years -

1.

Applicant is legitimated under the law of their residence or domicile,
2.

Father acknowledges paternity of the person in writing under oath, or
3.

The paternity of the applicant is established by court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother and Alien Father:

A child born abroad out-of-wedlock to a U.S. citizen mother and alien father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by Section 309(c) of the INA, if the mother was a U.S. Citizen at the time of the child's birth and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the child's birth.

K1 or K3 Fiancee and Spouse Cases for Couples with Common Children Born in the Dominican Republic

Q: I am an American citizen petitioning for my spouse or fiancée (K3 or K1 case) and we have a joint child born in the Dominican Republic. How will this influence our case?

U.S. law requires that a U.S. citizen, including dual citizens, enter the U.S. with their U.S. passport, which means the consular section cannot place a visa of any type in the passport of someone who we believe may qualify for U.S. citizenship. A final decision whether or not the child qualifies for citizenship can only be made in the American Citizen Services (ACS) section of the U.S. Embassy. In order to transmit citizenship to the child, the American citizen parent must have been in compliance with the citizenship transmission requirements (which can be found at http://santodomingo.usembassy.gov/Consular/ACS/what_is_crba-s.htm) at the time the child was born. K1 or K3 couples whose child may qualify for U.S. citizenship but do not bring the CRBA (Consular Report of Birth Abroad) or documentation from the ACS section regarding that decision will receive an open appointment to return to their interview once the child’s process is complete. This can be a source of delay and frustration, so we recommend that couples who believe their child may qualify complete the citizenship process for the child prior to their visa interview. If the child did not qualify for US citizenship, he or she can generally be added to K3 and K1 cases as a dependent.