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    Nationality Chart 1

    Uploaded by

    abhi
    This document outlines the citizenship requirements for children born outside the United States to married parents of different nationalities at various points in history. It provides a step-by-step process to determine citizenship that involves: 1) identifying when the child was born, 2) the citizenship of the parents at birth, 3) whether the US citizen parent met residency or physical presence requirements before birth, and 4) whether the child met any retention requirements to maintain citizenship. The document also provides notes on exceptions and changes to these requirements over time.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Nationality Chart 1

    Uploaded by

    abhi
    284 views3 pages
    This document outlines the citizenship requirements for children born outside the United States to married parents of different nationalities at various points in history. It provides a step-by-step process to determine citizenship that involves: 1) identifying when the child was born, 2) the citizenship of the parents at birth, 3) whether the US citizen parent met residency or physical presence requirements before birth, and 4) whether the child met any retention requirements to maintain citizenship. The document also provides notes on exceptions and changes to these requirements over time.

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    This document outlines the citizenship requirements for children born outside the United States to married parents of different nationalities at various points in history. It provides a step-by-step process to determine citizenship that involves: 1) identifying when the child was born, 2) the citizenship of the parents at birth, 3) whether the US citizen parent met residency or physical presence requirements before birth, and 4) whether the child met any retention requirements to maintain citizenship. The document also provides notes on exceptions and changes to these requirements over time.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    284 views3 pages

    Nationality Chart 1

    Uploaded by

    abhi
    This document outlines the citizenship requirements for children born outside the United States to married parents of different nationalities at various points in history. It provides a step-by-step process to determine citizenship that involves: 1) identifying when the child was born, 2) the citizenship of the parents at birth, 3) whether the US citizen parent met residency or physical presence requirements before birth, and 4) whether the child met any retention requirements to maintain citizenship. The document also provides notes on exceptions and changes to these requirements over time.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    The document outlines the rules and requirements for determining US citizenship for children born outside of the US based on the citizenship and residence of their parents during different time periods.

    The periods outlined are: Prior to May 24, 1934; May 24, 1934 to January 13, 1941; January 13, 1941 to December 24, 1952; December 24, 1952 to November 11, 1986; and on or after November 11, 1986.

    The requirements vary depending on whether both parents were US citizens, one parent was a US citizen and one was an alien, and whether the US citizen parent met residence/physical presence requirements in the US. Retention requirements for the child gaining citizenship are also outlined.

    Nationality Chart 1

    Children Born Outside U.S. in Wedlock


    PERIOD IN WHICH
    CHILD WAS BORN

    CITIZENSHIP OF
    PARENTS AT TIME
    OF CHILDS BIRTH

    PARENTS RESIDENCE &


    PHYSICAL PRESENCE
    PRIOR TO CHILDS BIRTH

    CHILDS RETENTION
    REQUIREMENT

    STEP 3: Did USC parent meet


    residence or physical presence
    requirement prior to birth? (If
    Yes, child was a USC at birth)

    STEP 4: Did child meet retention


    requirement (if any)? (Child lost
    citizenship on date it became
    impossible to meet requirement)

    STEP 1: Determine
    period in which child
    was born

    STEP 2: Determine
    parents citizenship at
    time of childs birth

    Prior To
    May 24, 1934

    Either parent a USC*

    USC parent resided in


    U.S.

    Not Applicable

    Both parents USCs

    At least one USC parent


    resided in U.S.

    Not Applicable

    On or After
    May 24, 1934
    and Prior To
    Jan. 13, 1941
    On or After
    May 24, 1934

    One USC parent and


    one alien parent

    USC parent resided in


    U.S.

    One USC parent and


    one alien parent

    USC parent resided in


    U.S. or OLP for 10 years,
    at least 5 after age 16

    and Prior To
    Jan. 13, 1941

    On or After
    Jan. 13, 1941
    and Prior To
    Dec. 24, 1952

    Special provisions for parents with


    honorable service in U.S. armed
    forces:
    (1) Between 12/7/41 & 12/31/46,
    10 years of residence, at least 5
    after age 12
    (2) Between 1/1/47 & 12/24/52,
    10 years of physical presence, at
    least 5 after age 14.

    See Note 3

    ** 5 years residence in U.S. or OLP


    between ages 13 and 21 (must start
    before age 16)
    OR
    ** 5 years continuous physical
    presence in U.S. between ages of 14
    and 28 (must start before age 23)
    OR
    ** 2 years continuous physical
    presence in U.S. between ages of 14
    and 28 (must start before age 26)
    OR
    Exempt, if at time of child's birth,
    USC parent was employed by U.S.
    Government or specified
    organization (Exemption does not
    apply if parent used a special
    provision). See Notes 1, 2, 4
    5 years residence in U.S. or OLP
    between ages 13 and 21 (must start
    before age 16)
    OR
    5 years continuous physical
    presence in U.S. between ages of 14
    and 28 (must start before age 23)
    OR
    2 years continuous physical
    presence in U.S. between ages of 14
    and 28 (must start before age 26)
    OR
    Exempt, if at time of child's birth,
    USC parent was employed by U.S.
    Government or specified
    organization (Exemption does not
    apply if parent used a special
    provision). See Notes 1, 2, 4

    Nationality Chart 1
    Children Born Outside U.S. in Wedlock
    PERIOD IN WHICH
    CHILD WAS BORN

    STEP 1: Determine
    period in which child
    was born

    CITIZENSHIP OF
    PARENTS AT TIME
    OF CHILDS BIRTH
    STEP 2: Determine
    parents citizenship at
    time of childs birth

    On or After
    Jan. 13, 1941
    Both parents USCs

    and Prior To
    Nov. 11, 1986
    On or After
    Dec. 24, 1952
    and Prior To
    Nov. 11, 1986
    On or After
    Nov. 11, 1986
    On or After
    Nov. 11, 1986

    CHILDS RETENTION
    REQUIREMENT

    STEP 3: Did USC parent meet


    residence or physical presence
    requirement prior to birth? (If
    Yes, child was a USC at birth)

    STEP 4: Did child meet retention


    requirement (if any)? (Child lost
    citizenship on date it became
    impossible to meet requirement)

    At least one USC parent


    resided in U.S. or OLP

    Not Applicable

    See Note 3

    and Prior To
    Dec. 24, 1952
    On or After
    Dec. 24, 1952

    PARENTS RESIDENCE &


    PHYSICAL PRESENCE
    PRIOR TO CHILDS BIRTH

    Both parents USCs

    At least one USC parent


    resided in U.S. or OLP

    Not Applicable

    See Note 3

    One USC parent and


    one alien parent

    Both parents USCs

    USC parent physically


    present in U.S. or OLP 10
    years, at least 5 after age
    14. See Note 3
    At least one USC parent
    resided in U.S. or OLP

    Not Applicable

    Not Applicable

    See Note 3

    One USC parent and


    one alien parent

    USC parent physically


    present in U.S. or OLP 5
    years, at least 2 after age
    14. See Note 3

    Not Applicable

    Notes
    * USC mother added by Immigration and Nationality Technical Corrections Act of 1994 (INTCA 94).
    Note 1: Absence of less than 12 months in the aggregate during the 5-year period will not break continuity of
    residence or physical presence; absence of less than 60 days in the 2-year period in the aggregate will not break
    continuity of physical presence. Honorable service in the U.S. armed forces counts as residence or physical
    presence.
    Note 2: A child is relieved from the retention requirements if, prior to his 18th birthday, the child begins to
    reside permanently in the United States and the alien parent naturalizes.

    Note 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.
    Note 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. The amending
    legislation was prospective only and did not restore citizenship to anyone who, prior to its enactment, had lost
    citizenship for failing to meet the retention requirements.

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