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I was Born Outside the U.S. to a Citizen Mother and Alien Father Out of Wedlock. Am I a Citizen?

Posted by attorney Jeffrey Devore

The answer to this question will depend upon the date you were born. If you were born abroad to a U.S. citizen father and alien mother out of wedlock, apply the chart below to determine whether you acquired U.S. citizenship at birth even though you were born outside the United States:

Date of Birth

Transmission Requirements

(Parents’ Residence) [1]

BeforeMay 24, 1934

Mother resided in the U.S or possession prior to child’s birth; child not legitimated by alien father before 01/13/1941.

On or after May 24, 1934 (noon EST)

but beforeJanuary 13, 1941

Mother resided in U.S. possession prior to child’s birth.

On or afterJanuary 13, 1941,

but beforeDecember 24, 1952

Mother resided in U.S. or possession prior to child’s birth.

On or afterDecember 24, 1952

Mother physically present in the U.S. or possession continuously 12 months prior to child’s birth

[1] In all cases residence must take place prior to the child’s birth. The law does not define how long residence must be.

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