Page 7

Chapter: 1400 Technical Requirements Program: FS 2 A child acquires citizenship after birth or through adoption, if they meet all of the following conditions:

a. the child was adopted while under the age of 16, has been in legal custody of and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under the age of 18, or was under the age of 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and d. the child has a qualified noncitizen status. (See 1410.0105)

The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they meet all the criteria.

Note: proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Consulate are considered U.S. citizens.

A child born abroad whose parents were not married may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child’s birth and legal paternity has been established. An illegitimate child born abroad to a U.S. citizen mother need only establish the mother’s U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship acquired at birth occurs when:

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child’s birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Children become U.S. citizens after birth when all the following conditions are met:

1. one parent is a U.S. citizen by birth or naturalization, 2. the child in under age 18, or was under 18 on February 27, 2001, 3. the child is/was residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), and 4. the child has a qualified noncitizen status (see 1410.0105). 1410.0103 Verification Sources for U.S. Citizens (FS) The individual’s verbal or written statement of date and place of birth must be accepted if they were born in the United States (U.S.) unless the information is questionable. This policy applies to all individuals claiming U.S. citizenship, including those who are naturalized and those born abroad to U.S. citizens.

If questioned, U.S. citizenship must be verified. Sources of verification include:

1. Birth or hospital certificates showing U.S. birth (except for voided Puerto Rican birth certificates after September 30, 2010), 2. Form I-197 (U.S. Citizen I.D. card), 3. Religious documents recorded in the U.S. shortly after birth, 4. SSA records, 5. U.S. passport, 6. Certificate of Citizenship or Naturalization.