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Physical Presence Requirement for U.S. Citizen
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Please see below to review the physical presence requirements for transmission of citizenship and ensure you are bringing sufficient evidence to demonstrate the length of presence in the U.S. required for your circumstance;

Child born in wedlock to two U.S. citizens

  • A child born outside of the United States or its outlying possessions to two U.S. citizen parents, in wedlock, is entitled to citizenship, provided one of the parents had, prior to the birth of the child, been resident in the United States or one of its outlying possessions. (No specific period of time is required.)  NOTE:  A child born to two U.S. citizens, out of wedlock should refer to number 3 or 4 below (whichever favorably applies)

Child born in wedlock to one U.S. citizen parent and one non-U.S. citizen parent (on or after November 14, 1986)

  • A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen.

Child born out of wedlock to a U.S. citizen mother

  • A child born outside of the United States and out of wedlock to a U.S. citizen mother may be entitled to U.S. citizenship providing the U.S. Citizen mother had been physically present in the United States for a continuous period of at least one year (365 days) at some time prior to the birth of the child. (NOTE: Periods spent overseas with the U.S. government/military or as a government/military dependent, are NOT considered as physical presence in the U.S. for transmission under this category).
  • A child born outside of the United States on or after June 12, 2017 out of wedlock to a U.S. Citizen mother may be entitled to U.S. Citizenship providing the U.S. citizen mother had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he reached the age of fourteen.

Child born out of wedlock to a U.S. citizen father

  • A child born outside of the United States and out of wedlock to a U.S. Citizen father may be entitled to U.S. Citizenship providing the U.S. citizen father had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he reached the age of fourteen.  In addition the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until s/he reaches the age of 18 years.