Children Born Outside U.S. in Wedlock

PERIOD STEP 1	PARENTS STEP 2	USC PARENT STEP 3	CHILD STEP 4
Period in which child was born.	Citizenship of the parents at time of child’s birth.	Determine if residence requirement was met prior to the birth of the child. If yes, the child was a USC at birth.	Determine if child has lost U.S. citizenship. The child lost on the date it became impossible to meet the retention requirements.
Prior to 5/24/34	Either parent a USC*	U.S. citizen had resided in the U.S.	NONE
On/after 5/24/34 and prior to 1/13/41	Both USCs	One parent had resided in the U.S.	NONE
	One USC and one alien	USC parent had resided in the U.S.	** 5 years residence in the U.S. or its OLP between ages 13 and 21. (Must start before age 16.)
On/after 1/13/41 and prior to 12/24/52	One USC and one alien	USC had resided in the U.S. or OLP for 10 years, at least 5 of which were after age 16. EXCEPTIONS for honorable service in U.S. Armed Forces: 1. Between 12/7/41 & 12/31/46, 5 of the required 10 years must have been after age 12. 2. Between 1/1/47& 12/24/52, 10 years physical presence, at least 5 of which were after age 14. Note 3.	OR ** 2 years continuous physical presence in U.S. between ages of 14 and 28. (Must start before age 26.) OR ** NONE, if at time of child's birth, USC parent was employed by the U.S. Government or a specified U.S. organization . does not apply if parent used an exception. Notes 1, 2, 4
	Both USCs	One had resided in the U.S. or OLP Note 3	NONE
On/after 12/24/52 and prior to 11/14/86	Both USCs	One had resided in the U.S. or OLP Note 3	NONE
	One USC and one alien	USC physically present in U.S. or OLP 10 years, at least 5 after age 14. Note 3	NONE
On/after 11/14/86	Both USCs	One had resided in the U.S. or OLP Note 3	NONE
	One USC and one alien	USC physically present in U.S. or OLP 5 years, at least 2 after the age of 14. Note 3	NONE

NOTES:

1. Absence of less than 12 months in the aggregate will not break residence; absence of less than 60 days in the aggregate will not break continuity of physical presence. Honorable service in the U.S. Armed Forces counts as residence or physical presence.

2. A child is relieved from the retention requirements if, prior to his 18th birthday, the child begins to reside permanently in the U.S. and the alien parent naturalizes.

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.

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.

* Mother added because of Technical Amendments of 1994.

** Retention requirements were repealed because of Technical Amendments of 1994, which made a process available for restoration.

Children Born Outside the U.S. Out of Wedlock

Birth date of child	U.S. Citizen Mother
Prior to 5/24/34	The child was born an alien. HOWEVER , the child became a U.S. citizen retroactively to birth on 01/13/41 if: 1. The mother had resided in the U.S. or OLP prior to the child's birth, UNLESS 2.The child was legitimated by alien father prior to 1/13/41.
On/after 5/24/34 & prior to 12/24/52	Mother had resided in the U.S. or OLP at any time prior to the child's birth.
On/after 12/24/52	Mother had one year of continuous physical present in the U.S. or OLP at any time prior to child's birth.
Birth date of child	U.S. Citizen Father Legitimates Child
Prior to 5/24/34	1. Child legitimated at any time after birth under law of father's domicile. 2. USC parent(s) had the required residence at time of child's birth. 3. See Chart 1 4. No residence required for child to retain U.S. citizenship.
On/after 5/24/34 & prior to 1/13/41	1. Child legitimated at any time after birth under law of father's domicile. 2. USC parent(s) had the required residence at time of child's birth. 3. See Chart 1. 4. Child met retention requirements. 5. See Chart 1.
On/after 1/13/41 & prior to 12/24/52	1. Child legitimated before age 21 under law of father’s or child’s domicile. 2. USC parent(s) had the required residence at time of child's birth. 3. See Chart 1. 4. Child met retention requirements. 5. See Chart 1
On/after 12/24/52 & prior to 11/14/86	1. Child legitimated before age 21 under law of father’s or child’s domicile. 2. Child legitimated PRIOR to 11/14/86 3. Child must be unmarried. 4. USC parent(s) had the required residence at time of child's birth. 5. See Chart 1 6. No residence required for child to retain U.S. citizenship.
Relationship established	U.S. Citizen Father Legitimates OR Acknowledges Child
On/after 11/14/86	1. Child legitimated OR acknowledged before age 18*: · Legitimated under law of child's residence or domicile, OR · Paternity acknowledged in writing under oath, OR · Paternity established by court order. 2. Blood relationship established. 3. Father, unless deceased, has agreed in writing under oath to provide financial support until child reaches age 18 if not married to the mother. 4. Child must be unmarried. 5. USC parent(s) had the required residence at time of child's birth. 6. See Chart 1 *A child 18 or over on 11/14/86 could use the old law. A child at least 15, but under 18, could use either law (DOB on/after 11/15/68)..

Nationality Chart # 3