Citizenship Charts

Automatic Acquisition of U.S. Citizenship

These charts help determine whether a person automatically acquired or derived U.S. citizenship. Select the applicable chart based on your client's situation. Always verify requirements against current statutory language and agency guidance.

Chart A: Acquisition of Citizenship at Birth

Determining Whether Children Born Outside the U.S. Acquired Citizenship at Birth

How to Use This Chart:

Step 1: Select the period in which the child was born
Step 2: Select the applicable parentage and immigration status of parents
Step 3: Measure citizen parent's residence or physical presence PRIOR to child's birth against requirements
Step 4: Determine whether child has since lost U.S. citizenship (retention requirements)

Important: If child was born out of wedlock, see Chart B. A child cannot acquire citizenship at birth through an adoption.

Period of Birth	Parents	Residence/Physical Presence Required for USC Parent	Retention Requirements for Child
Prior to 5/24/34	Father or mother citizen	Citizen parent had resided in the U.S.	None
On/after 5/24/34 and prior to 1/14/41	Both parents citizens	One had resided in the U.S.	None
On/after 5/24/34 and prior to 1/14/41	One citizen and one noncitizen parent	Citizen had resided in the U.S.	Either: (1) 2 years continuous physical presence between ages 14 and 28; or (2) if begun before 12/24/52, 5 years residence in U.S. between ages 13 and 21; or (3) if begun before 10/27/72, 5 years continuous physical presence between ages 14 and 28. Individuals unaware of potential U.S. citizenship may fulfill through constructive physical presence. No retention requirements if noncitizen parent naturalized and child began permanent U.S. residence while under 18, or if parent employed by U.S. Government.
On/after 1/14/41 and prior to 12/24/52	Both parents citizens; or one citizen and one national	One had resided in the U.S. or its outlying possessions.	None
On/after 1/14/41 and prior to 12/24/52	One citizen and one noncitizen parent	Citizen had resided in U.S. or its outlying possessions 10 years, at least 5 of which were after age 16. If citizen parent served honorably in U.S. Armed Forces between 12/7/41 and 12/31/46, 5 of the required 10 years may have been after age 12. If served between 1/1/47 and 12/24/52, requirement is 10 years physical presence, 5 of which may have been after age 14.	If begun before 10/27/72, 2 or 5 years continuous physical presence between ages 14 and 28. If begun after 10/27/72, 2 years continuous physical presence between ages 14 and 28. Individuals unaware of potential U.S. citizenship may fulfill through constructive physical presence. No retention requirements if noncitizen parent naturalized and child began permanent U.S. residence while under 18, or if parent employed by U.S. Government (not applicable if parent transmitted under Armed Services exceptions).
On/after 12/24/52 and prior to 11/14/86	Both parents citizens	One had resided in the U.S. or its outlying possessions.	None
	One citizen, one national parent	Citizen had been physically present in U.S. or its outlying possessions for a continuous period of 1 year.	None
	One citizen, one noncitizen parent	Citizen had been physically present in U.S. or its outlying possessions 10 years, at least 5 of which were after age 14.	None
On/after 11/14/86	Both parents citizens	One had resided in the U.S. or its outlying possessions.	None
	One citizen and one national parent	Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year.	None
	One citizen, one noncitizen parent	Citizen had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14.	None

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Chart B: Acquisition of Citizenship (Out of Wedlock)

Determining if Children Born Abroad and Out of Wedlock Acquired U.S. Citizenship at Birth

Important: A child cannot acquire citizenship at birth through an adoption.

Part 1: Mother Was a U.S. Citizen at the Time of the Child's Birth

Date of Child's Birth	Residence / Physical Presence Requirements
Prior to 12/24/52	Mother was citizen who resided in U.S. or its outlying possessions at some point prior to birth of child. EXCEPTION: The child will NOT acquire citizenship through the U.S. citizen mother if legitimated by the father under the following circumstances: The child was born before 5/24/34; The child was legitimated before turning 21; AND The legitimation occurred before 1/13/41.
On/after 12/24/52 and prior to 6/12/17	Mother was U.S. citizen physically present in the U.S. or its outlying possessions for a continuous period of 1 year at some point prior to birth of child.
On/after 6/12/17	Both parents citizens:
	Either (1) father meets paternity requirements in Part 2 and one citizen parent resided in the U.S. or outlying possessions before the birth of the child; or (2) citizen mother was physically present in U.S. or its outlying possessions for a continuous period of 1 year; or (3) citizen mother had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14.
	One citizen, one noncitizen parent: U.S. citizen mother had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14.

Part 2: Mother Was NOT a U.S. Citizen; Child Was Legitimated or Acknowledged by U.S. Citizen Father

Date of Child's Birth	Requirements
Prior to 1/13/41	Child legitimated at any time after birth, including adulthood, under law of father's domicile. If so, use Chart A to determine if child acquired citizenship at birth.
On/after 1/13/41 and prior to 12/24/52	Child legitimated before age 21 under law of father's domicile, or paternity established through court proceedings before 12/24/52. Legitimation requirement does not apply if child acquired from parent with honorable service in U.S. Armed Forces. If so, use Chart A unless paternity established through court proceeding.
On/after 12/24/52 and prior to 11/15/68	Child legitimated before age 21 under law of father's or child's domicile. If so, use Chart A to determine if child acquired citizenship at birth.
On/after 11/15/68 and prior to 11/15/71	Option A Child legitimated before age 21 under law of father's or child's domicile. If so, use Chart A to determine if child acquired citizenship at birth. Option B 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 age 18; and 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. If #s 1-4 are met, use Chart A to determine if child acquired citizenship at birth.
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 age 18; and 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. If #s 1-4 are met, use Chart A to determine if child acquired citizenship at birth.

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Chart C: Derivative Citizenship

Lawful Permanent Resident Children Gaining Citizenship Through Parents' Citizenship

How to Use This Chart:

Identify the date when the last act necessary to confer citizenship occurred
Apply the requirements for that period
Note: The order in which events occurred does not matter (outside the 3rd Circuit) as long as all requirements were met before the child's 18th or 21st birthday

Key Distinction: Derivative citizenship (Chart C) requires the child to be a Lawful Permanent Resident, while acquisition at birth (Charts A & B) does not.

Date of Last Act	Requirements
Prior to 5/24/34	Either one or both parents must have naturalized prior to the child's 21st birthday; Child must be lawful permanent resident residing in U.S. with parent(s) before the child's 21st birthday; Illegitimate child generally may derive through mother's naturalization only; Legitimated child must have been legitimated according to the laws of the father's domicile; Adopted child and stepchild cannot derive citizenship.
5/24/34 to 1/12/41	Both parents must have naturalized and begun lawful permanent residence in the U.S. prior to the child's 21st birthday; If only one parent naturalized and is not widowed or separated, the child must have 5 years lawful permanent residence in the U.S. commencing before the 21st birthday, unless the other parent is already a U.S. citizen; Child must be lawful permanent resident before the child's 21st birthday; Illegitimate child generally may derive through mother's naturalization only; Legitimated child must have been legitimated according to the laws of the father's domicile; Adopted child and stepchild cannot derive citizenship.
1/13/41 to 12/23/52	Both parents must naturalize, or if only one parent naturalizes, the other parent must (1) be a U.S. citizen at the time of the child's birth and remain a U.S. citizen, (2) be deceased, or (3) the parents must be legally separated and the naturalizing parent must have legal custody; Parent or parents must have naturalized prior to the child's 18th birthday; Child must have been lawfully admitted for permanent residence and residing in U.S. before the child's 18th birthday; Illegitimate child generally can derive only if, while under 16, and on or after 1/13/41 and before 12/24/52, child (1) became a lawful permanent resident, and (2) the mother naturalized; Legitimated child must be legitimated under the law of the child's residence or place of domicile before turning 16 and be in the legal custody of the legitimating parent; Adopted child and stepchild cannot derive citizenship.
12/24/52 to 10/5/78	Both parents must naturalize, or if only one parent naturalizes, the other parent must (1) be a U.S. citizen at the time of the child's birth and remain a U.S. citizen, (2) be deceased, or (3) the parents must be legally separated and the naturalizing parent must have custody; OR in the case of a child born out of wedlock and not legitimated, it must generally be the mother who naturalizes; Parent or parents must have naturalized prior to the child's 18th birthday; Child must be a lawful permanent resident or have begun to reside permanently in U.S. (check circuit for interpretation) before the child's 18th birthday; Child must be unmarried; Adopted child and stepchild cannot derive citizenship.
10/5/78 to 2/26/01	Both parents must naturalize, or if only one parent naturalizes, the other parent must (1) be a U.S. citizen at the time of the child's birth and remain a U.S. citizen, (2) be deceased, or (3) the parents must be legally separated and the naturalizing parent must have legal custody; OR in the case of a child born out of wedlock and not legitimated, it must generally be the mother who naturalizes; Parent or parents must have naturalized prior to the child's 18th birthday; Child must be a lawful permanent resident or have begun to reside permanently in U.S. (check circuit for interpretation) before the 18th birthday; Child must be unmarried; Adopted child may derive citizenship if the child is residing in the U.S. at the time of the adoptive parent(s)' naturalization, is in the custody of the adoptive parent(s), is a lawful permanent resident, and adoption occurred before age 18. Stepchild cannot derive citizenship.
On/after 2/27/01 (Child Citizenship Act)	Anyone who, on or after 2/27/01, meets the following requirements is a U.S. citizen. Another way to look at it: anyone born on/after 2/28/83 who meets these requirements after 2/27/01 is a U.S. citizen. At least one parent is a U.S. citizen either by birth or naturalization; In the case of a child born out of wedlock, the mother must be the one who is or becomes a citizen, OR if the father is a U.S. citizen, the child generally must have been legitimated by the father before age 18; Child is under 18 years old; Child must be unmarried; Child is a lawful permanent resident or national; Child is residing in the U.S. in the legal and physical custody of the citizen parent; Adopted children qualify if adopted before age 16 and have been in the legal custody of, and resided with, the adopting parent(s) for at least two years. An adopted child who qualifies as an orphan under INA 101(b)(1)(F) also will qualify for derivation.

Download Original PDF (with footnotes)

Charts adapted from the Immigrant Legal Resource Center (ILRC). These charts are intended as a general reference guide. Practitioners should research the applicable laws and guidance for additional information. See 12 USCIS-PM H.3 App'x for USCIS charts summarizing acquisition laws.