Legal Requirements For Physical Presence in the U.S.
Birth Abroad to U.S. Citizen Parent and Non-Citizen Parent
For a child born after November 14, 1986, the U.S. citizen parent must prove s/he was physically present in the U.S. for a total of at least five (5) years before the birth of the child. Two of those years must be after the U.S. citizen parent’s 14th birthday.
For a child born on or before November 14, 1986, the citizen parent must prove he/she was physically present in the U.S. for at least ten (10) years before the birth of the child. Five of those years must be after the U.S. citizen parent’s 14th birthday.
Birth Abroad Out-of-Wedlock
For a child born before June 11, 2017, to a U.S. citizen mother, who was not married at the time of the child’s birth, must prove that she was physically present in the U.S. for at least one (1) continuous year any time prior to the child’s birth. This applies even if the mother subsequently married, and regardless of whether the father is listed on the birth certificate.
For a child born on or after June 12, 2017, the U.S. citizen parent must prove s/he was physically present in the U.S. for a total of at least five (5) years before the birth of the child. Two of those years must be after the U.S. citizen parent’s 14th birthday.
Birth Abroad in Wedlock to Two U.S. Citizen Parents
If both parents, married to each other, are U.S. citizens on the day the child was born, at least one parent must have resided in the U.S. at some point prior to the child’s birth. No specific length of time is specified under U.S. law.
WARNING: False statements made knowingly and willfully in passport applications, affidavits or other supporting documents are punishable by fine and/or imprisonment under the provisions of 18 USC 1001 and/or 18 USC 1542.
