Citizenship transmission requires longer US presence for unwed mothers

Policy effect

For children born abroad out of wedlock on or after June 12, 2017 to a US-citizen mother and a foreign-national father, the mother must have been physically present in the United States for at least five years, including at least two after age 14, to transmit citizenship at birth. Following Sessions v. Morales-Santana, this replaced the one-continuous-year requirement, which remained applicable to children born before June 12, 2017.

Conditions and exceptions

Validated condition or limit: For children born abroad out of wedlock on or after June 12, 2017 to a US-citizen mother and a foreign-national father, the mother must have been physically present in the United States for at least five years, including at least two after age 14, to transmit citizenship at birth.; Morales-Santana, this replaced the one-continuous-year requirement, which remained applicable to children born before June 12, 2017.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… of the Policy Manual incorporates and clarifies these requirements and makes corresponding amendments to the pertinent USCIS nationality charts. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance. Policy Highlights • Explains that Sessions v. Morales-Santana applies the physical presence requirement (at least 5 years, of which at least 2 years must be after age 14) in INA 301(g) to all cases involving a child born out of wedlock to one U.S. citizen parent and one foreign national parent outside of the United States on or after June 12, 2017, regardless … of whether the child seeks to derive citizenship from a U.S. citizen mother or U.S. citizen father. • Explains that the U.S. Supreme Court decision in Sessions v. Morales-Santana increases the physical presence requirement (from 1 continuous year to at least 5 years, of which at least 2 years must be after age 14) in INA 309(c) in cases involving a child born out of wedlock outside of the United States to a U.S. citizen mother and a foreign national father on or after June 12, 2017. The physical presence requirement of 1 continuous year in INA 309(c) remains in effect in such cases where the … d’s birth and for the parent to have been physically present in the United States for a certain period of time. 4 On June 12, 2017, the U.S. Supreme Court, in Sessions v. Morales-Santana, held that the different physical presence requirements for an unwed U.S. citizen father and an unwed U.S. citizen mother violated the U.S. Constitution’s equal protection guarantee. 5 In addition, some acquisition of citizenship cases require the U.S. citizen father of a child born out of wedlock outside the United States to provide a written agreement of financial support for the child. 6 Certain requirement …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2017

• 2017-01-17Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
• 2017-01-25Executive Order 13767: Border Security and Immigration Enforcement Improvements
• 2017-01-25Executive Order 13768: Enhancing Public Safety in the Interior of the United States
• 2017-01-27Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States)
• 2017-03-04Yemen TPS beneficiaries continuously residing in the U.S.
• 2017-03-31Rescission of Guidance Memo on H-1B Computer Related Positions (PM-602-0142)
• 2017-09-05Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”
• 2017-10-01Presidential Determination on Refugee Admissions for Fiscal Year 2018
• 2017-11-08Matter of G- Inc., Adopted Decision 2017-05