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Mar 4, 2009 · To amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization, and for other purposes.
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- A. General Requirements For Acquisition of Citizenship at Birth
- B. Child Born in Wedlock
- C. Child Born Out of Wedlock
- D. Application For Certificate of Citizenship
- E. Citizenship Interview and Waiver
- F. Decision and Oath of Allegiance
- Footnotes
A person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth, to include a child born to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe. In general, a person born outside of the United States may acquire citizenship at birth if all of the following requirements are met at ...
USCIS must determine whether a child is born in wedlock or out of wedlock at the time of birth in order to determine which citizenship provision is applicable. USCIS considers a child to be born in wedlock when the legal parents are married to one another at the time of the child’s birth and at least one of the legal parents has a genetic or gestat...
1. Child of U.S. Citizen Father
General Requirements for Fathers of Children Born Out of Wedlock The general requirements for acquisition of citizenship at birthfor a child born in wedlock also apply to a child born out of wedlock outside of the United States (or one of its outlying possessions) who claims citizenship through a U.S. citizen father. Specifically, the provisions apply in cases where: 1. A blood relationship between the child and the father is established by clear and convincing evidence; 2. The child’s father...
2. Child of U.S. Citizen Mother
The rules that determine whether a child born out of wedlock outside of the United States derives citizenship at birth from the U.S. citizen mother vary depending on when the child was born. Child Born On or After December 23, 1952 and Before June 12, 2017 A child born between December 23, 1952 and June 12, 2017 who is born out of wedlock outside of the United States and its outlying possessions acquires citizenship at birth if: 1. The person is a childof a U.S. citizen parent(s); 2. The chil...
A person born abroad who acquires U.S. citizenship at birth is not required to file an Application for Certificate of Citizenship (Form N-600). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. passport with the Department of Sta...
In general, an applicant must appear in person for an interview before a USCIS officer after filing an Application for Certificate of Citizenship. This includes the U.S. citizen parent or legal guardian if the application is filed on behalf of a child under 18 years of age.USCIS, however, may waive the interview requirement if all the required docu...
1. Approval of Application, Oath of Allegiance, and Waiver for Children under 14 Years of Age
If an officer approves the Application for Certificate of Citizenship, USCIS administers the Oath of Allegiance before issuing a Certificate of Citizenship. However, the Immigration and Nationality Act (INA) permits USCIS to waive the taking of the Oath of Allegiance if USCIS determines the person is unable to understand its meaning.USCIS has determined that children under the age of 14 are generally unable to understand the meaning of the oath. Accordingly, USCIS waives the oath requirement...
2. Denial of Application
If an officer denies the Certificate of Citizenship application, the officer must notify the applicant in writing of the reasons for denial and include information on the right to appeal in the notice.An applicant may file an appeal within 30 calendar days after service of the decision (33 days if the decision was mailed).
[^ 1] See INA 301(a) and INA 301(b). Children of certain diplomats who are born in the United States are not U.S. citizens at birth because they are not subject to the jurisdiction of the United States. See 8 CFR 101.3. For more information, see Volume 7, Adjustment of Status, Part O, Registration, Chapter 3, Foreign Nationals Born in the United St...
Applications for visas in excess of the minimum available to natives of the country specified in section 132(c) of the Immigration Act of 1990 shall be selected for qualified applicants within the several regions defined in section 203(c)(1)(F) of the Immigration and Nationality Act in proportion to the region’s share of visas issued in the ...
NOTE: If you previously qualified for Family Unity benefit under section 1504, you may be eligible to apply for benefits under section 301 of IMMACT 90. To determine if you are eligible for Family Unity Benefits Program, go to Part 3.
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United States Department of Justice
301 NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH . Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth: . a person born in the United States, and subject to the jurisdiction thereof; .
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Mar 3, 2016 · Section 101(a)(13)(A) of the Act, as amended by section 301 of the IIRIRA, provides that the terms “admission” and “admitted” mean the lawful entry of an alien into the U.S. after inspection and authorization by an immigration officer.
