USCIS updates policy to implement *Sessions v. Morales Santana* ruling to clarify that the same physical presence requirement applies to a child born out of wedlock outside of the U.S. to a U.S. citizen parent regardless of the gender of the U.S. citizen parent (applying the more stringent standard applicable to fathers) and further clarifies the requirements of INA 309. [ID #618]
October 25, 1994
Prior to the U.S. Supreme Court’s decision in *Sessions v. Morales-Santana*, the INA's physical presence requirements for children born out of wedlock were different for a child acquiring citizenship through a U.S. citizen mother than for those acquiring through U.S. citizen father. An unwed U.S. citizen mother could transmit citizenship to her child if the mother was physically present in the United States for 1 continuous year prior to the child's birth. An unwed U.S. citizen father, by contrast, was held to the longer physical presence requirement of 5 years (at least 2 years of which were after age 14) in the United States or one of its outlying possessions.
8 U.S.C.A. 1401
Register if you don't have a user name and password.
Reflects degree to which the Trump-era policy remains in effect today.
Trump-era policies that have not been altered or eliminated.
Policies that have not been fully eliminated but are not in effect in their original substance. They may have been amended, updated with changes, or eliminated or enjoined in some jurisdictions or with respect to some affected parties but not others.
Policies that have expired or been fully rescinded, replaced, enjoined, etc., or that were proposed but never were finalized.
Indicates the entity that caused the action reflected in Type of Action. "Others" may include the Trump administration, Congress, unions, etc.--i.e., any actor other than the courts or the Biden Administration.
Indicates the process or action by which a policy ceased to be in effect or became partially in effect. If no such action or process has take place, or if the policy has been ratified, it is fully in effect.