Nationality Chart #2: Children Born Outside 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).