The Immigration and Nationality Act (INA) provides the most legalistic
definitions. The main question to ask is if the child was born in or
out of wedlock to a US Citizen father.
If the child was born in wedlock to a USC father than the following
applies INA 301 (g):
http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-8440?f=templates&fn=document-frame.htm#slb-act301
INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
Sec. 301. [8 U.S.C. 1401] The following shall be nationals and
citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian,
Eskimo, Aleutian, or other aboriginal tribe: Provided, That the
granting of citizenship under this subsection shall not in any manner
impair or otherwise affect the right of such person to tribal or other
property;
(c) a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United States
and one of whom has had a residence in the United States or one of its
outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying
possessions of parents one of whom is a citizen of the United States
who has been physically present in the United States or one of its
outlying possessions for a continuous period of one year prior to the
birth of such person, and the other of whom is a national, but not a
citizen of the United States;
(e) a person born in an outlying possession of the United States of
parents one of whom is a citizen of the United States who has been
physically present in the United States or one of its outlying
possessions for a continuous period of one year at any time prior to
the birth of such person;
(f) a person of unknown parentage found in the United States while
under the age of five years, until shown, prior to his attaining the
age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States
and its outlying possessions of parents one of whom is an alien, and
the other a citizen of the United States who, prior to the birth of
such person, was physically present in the United States or its
outlying possessions for a period or periods totaling not less than
five years, at least two of which were after attaining the age of
fourteen years: Provided, That any periods of honorable service in the
Armed Forces of the United States, or periods of employment with the
United States Government or with an international organization as that
term is defined in section 1 of the International Organizations
Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent,
or any periods during which such citizen parent is physically present
abroad as the dependent unmarried son or daughter and a member of the
household of a person (A) honorably serving with the Armed Forces of
the United States, or (B) employed by the United States Government or
an international organization as defined in section 1 of the
International Organizations Immunities Act, may be included in order
to satisfy the physical-presence requirement of this paragraph. This
proviso shall be applicable to persons born on or after December 24,
1952, to the same extent as if it had become effective in its present
form on that date.
If the child was born out of wedlock to a USC Father than the
following section INA 309 (aka: Title 8 U.S.C. 1409) applies:
INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK
Sec. 309. [8 U.S.C. 1409]
(a) The provisions of paragraphs (c), (d), (e), and (g) of section
301, and of paragraph (2) of section 308, shall apply as of the date
of birth to a person born out of wedlock if-
(1) a blood relationship between the person and the father is
established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of
the person's birth,
(3) the father (unless deceased) has agreed in writing to provide
financial support for the person until the person reaches the age of
18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a
competent court.
(b) Except as otherwise provided in section 405, the provisions of
section 301(g) shall apply to a child born out of wedlock on or after
January 13, 1941, and before December 24, 1952, as of the date of
birth, if the paternity of such child is established at any time while
such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a
person born, after December 23, 1952, outside the United States and
out of wedlock shall be held to have acquired at birth the nationality
status of his mother, if the mother had the nationality of the United
States at the time of such person's birth, and if the mother had
previously been physically present in the United States or one of its
outlying possessions for a continuous period of one year. |
