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

  1. Original Date Announced

    December 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]

    2020.12.08 Technical Update - Clarifying Acquisition of Citizenship Requirement in Nationality Chart 2 for Children Born Out of Wedlock Before May 24, 1934 2020.12.08 USCIS Policy Manual Update - Nationality Chart 2
  2. Effective Date

    December 8, 2020

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Citizenship
Agencies Affected: USCIS

Pre Trump-Era Policies

  • May 8, 2019

    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

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