Law Offices of Jan Joseph Bejar A P.L.C.
Resolving Immigration Problems In An Honest & Responsible Manner

What are the citizen at birth rules for a child born in wedlock?

It is not unusual for people in San Diego, throughout California and across the U.S. to have a situation in which a child being a citizen at birth is a concern. There are certain general requirements for a child to be considered a U.S. citizen when they are born. For a child born in wedlock, it is important to understand the rules from the U.S. Citizenship and immigrantion Services (USCIS). If the child was born of two U.S. citizen parents outside the U.S., the child is a U.S. citizen if, when he or she was born, both the parents are U.S. citizens; and at least on parent has lived in the U.S. or one of its outlying territorial possessions. If the child is born of a U.S. citizen parent and a U.S. national, the child will be a citizen if one parent is a U.S. citizen and the other parent is a U.S. national; and the U.S. citizen was in the U.S. or one if its outlying possessions for one year continuously.

If the child is born of a U.S. citizen parent and a foreign national parent, the child will have U.S. citizenship if one parent is a foreign national and the other parent is a U.S. citizen; and the parent who is a U.S. citizen was physically in the U.S. for a minimum of five years, at least two of which came after he or she was 14. If the person spent time abroad, that time will be considered physically present in the U.S. in the following circumstances: the person was an honorable member of the U.S. armed forces; the person was employed by the U.S. government or another qualifying organization; or the person was a dependent or unmarried child of people who fall into these categories.

If the child is born of a mother who is a U.S. citizen and a foreign national father, the child will be a U.S. citizen if: the child was born before noon on May 24, 1934; the child's father is a foreign national the mother was a citizen of the U.S. at the time of the birth; and the U.S. citizen mother lived in the U.S. before the child was born.

Parents who are concerned about whether their child is a U.S. citizen even if the child was born within wedlock need to be aware of these rules. If there is confusion or any other problem it is imperative to have assistance from a legal professional experienced in matters of citizenship for children.

Source:, "Chapter 3 -- United States Citizens at Birth -- B. Child Born in Wedlock," accessed on June 13, 2017

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