US Citizenship Acquired AT BIRTH from a Father: A Brief Discussion

US Citizenship can be derived in a child from a US Citizen Father. The process of a father giving US Citizenship to a child comes in a few different ways. The main determining factor is whether the Father was married to the Mother at time of birth or not?
Wedlock and Out-of-Wedlock Distinction:
Whether a father is married or unmarried determines the ultimate requirements on whether a child derives US Citizenship from a Father.
Unmarried/Our-of-Wedlock Requirements:
More requirements exist for births that occur outside of a marriage. The US Government would require to see for births on/after 11/15/71:
- Child/father blood relationship established by clear and convincing evidence;
- Father must have been a U.S. citizen at the time of child’s birth;
- Father, unless deceased, must provide written statement under oath that he will provide financial support for child until s/he reaches 18;
- While child is under age 18, child must be legitimated under law of child’s residence or domicile, or father must acknowledge paternity in writing under oath, or paternity established by competent court.
- US Residence Requirement:
- Both parents are US citizens: One had resided in the U.S. or its outlying possessions for any period of time.
- One US citizen and one US national parent: Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year.
- One Parent is a US citizen, one parent is a noncitizen parent: had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14.
Married/In-Wedlock Requirements:
Less requirements exist for births that occur inside of a marriage. The US Government would require to see for births on/after 11/14/1986:
- US Residence Requirement:
- Both parents are US citizens: One had resided in the U.S. or its outlying possessions for any period of time.
- One US citizen and one US national parent: Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year.
- One Parent is a US citizen, one parent is a noncitizen parent: had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14.
Why does marriage matter?
A marriage legitimizes the birth of a child abroad. Legitimation is a legal concept that exists in the US and is a common concept that exists in foreign countries. The child tends to be the product OF THE MARRIAGE (when the parents are married to one another) versus being from random people or by people in a relationship that haven't reached the level of marriage.
What Form or Forms utilize this information?
Both the USCIS and DOS utilize the above information. For USCIS, it is processed in the N-600 filing and for DOS it is in the CRBA/Consular Report of Birth Abroad.
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