Citizenship at Birth

Who Is a Citizen of the United States at Birth?

In order for a person to be considered a citizen of the U.S. at birth, the person must fall in one of the following categories:
  1. A person born in the U.S., and subject to the jurisdiction thereof
  2. A person born in the U.S. to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe
  3. A person born outside of the U.S. and its outlying possessions of parents both of whom are citizens of the U.S. and one of whom has had a residence in the U.S. or one of its outlying possessions, prior to the birth of such person
  4. A person born outside of the U.S. and its outlying possessions of parents one of whom is a citizen of the U.S. who has been physically present in the U.S. 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 U.S.
  5. A person born in an outlying possession of the U.S. of parents one of whom is a citizen of the U.S. who has been physically present in the U.S. or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person
  6. A person of unknown parentage found in the U.S. 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 U.S.
  7. A person born outside the geographical limits of the U.S. and its outlying possessions of parents one of whom is an alien, and the other a citizen of the U.S. who, prior to the birth of such person, was physically present in the U.S. 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. 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
  8. A person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the U.S. of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the U.S.
  9. A person born in Puerto Rico on or after April 11, 1899
  10. A person born in the Canal Zone or Republic of Panama on or after February 26, 1904
  11. A person born in Alaska on or after March 30, 1867
  12. A person born in Hawaii on or after March 30, 1867
  13. A person living in and born in the Virgin Islands
  14. A person living in and born in the Guam

Let Us Help You to Determine if You Are Already a Citizen of the United States

If you need further information and/or assistance determining your citizenship status, contact Cherny Law Office P.C. today and get the answers you need.
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The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. Cherny Law Office P.C. looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and Cherny Law Office P.C.