Skip to main content

USCIS updates Policy Manual chart regarding citizenship for children born out of wedlock pre-1934

  1. Date Announced

    Dec. 8, 2020

    USCIS provides a "technical update" to clarify Nationality Chart 2 in Vol. 12, Part H., Chapter 3 of the Policy Manual, which is found in the appendices to the chapter. The update clarifies the acquisition of citizenship requirements for children born out of wedlock before May 24, 1934. The relevant portion of the chart now reads: "The mother resided in the United States at any time before the child’s birth," including a footnote citing to INA 301(h), added by the Immigration and Nationality Technical Corrections Act of 1994 (INTCA).

    [ID # 1228]

    View Policy Document View Policy Document
  2. Effective Date of Change

    Dec. 8, 2020
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Citizenship
Agencies Affected: USCIS

Prior Policies

  • Prior to this change, the relevant portion of Nationality Chart 2 read:

    "The child was born an alien. HOWEVER, the child became a U.S. citizen (USC) retroactively to birth, effective on Jan. 13, 1941, if the child's mother resided in the United States or Outlying Possession (OLP) prior to the child's birth, UNLESS the child was legitimated by the alien father prior to Jan. 13, 1941."

    2019.05.08 Chapter 3 - United States Citizens at Birth (INA 301 and 309) - Nationality Chart 2

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.