Immigrant Visas
Does the applicant qualify for U.S. citizenship?
United States citizenship is not determined by birth in the United States alone. It is possible for U.S. citizen parents to transmit citizenship to their children depending on when the child was born and when the parents lived in the United States. Occasionally, during the visa process, officers may discover that an applicant qualifies to be an U.S. citizen.
If you feel you or your family member applying for a visa might be a U.S. citizen, answer these questions:
1. Was the applicant born in the United States?
If “Yes,” the applicant is a citizen of the United States.
If “No,” the applicant may still be a citizen of the United States through other means.
2. Was the applicant born outside of the U.S., but both of the applicant’s parents were U.S. citizens when the applicant was born?
If “Yes,” the applicant is a citizen of the U.S. if both parents are U.S. citizens and at least one of the parents was born or lived in the U.S.
3. Was the applicant born outside of the U.S., but only one of the applicant’s parents was a U.S. citizen?
It is possible. Refer to the table below to see if the U.S. citizen parent meets the citizenship transmission requirements.
If the applicant was born to one U.S. citizen parent and one alien parent:
|
The applicant was born |
Then the U.S. citizen parent must have |
|
Before Jan 13, 1941 |
Resided in the U.S. before the applicant was born. |
|
Between Jan 13, 1941 and Dec 24, 1952 |
Resided in the U.S. ten years prior to the applicant’s birth, with five of those years occurring after the parent turned 16. |
|
Between Dec 24, 1952 and Nov 14, 1986 |
Resided in the U.S. ten years prior to the applicant’s birth, with five of those years occurring after the parent turned 14. |
|
On or after Nov 14, 1986 |
Resided in U.S. for 5 years prior to applicant’s birth, with two of those years occurring after the parent turned 14. |
If the applicant was born out of wedlock to a U.S. citizen mother:
|
The applicant was born |
Then the U.S. citizen mother must have |
|
Prior to Dec 24, 1952 |
Resided in the U.S. for any period of time prior to the applicant’s birth. The mother’s birth in the U.S. is sufficient to transmit citizenship. |
|
On or after Dec 24, 1952 |
Resided in the U.S. for twelve months continuously prior to the child’s birth. |
If the applicant was born to a U.S. citizen father and non citizen mother out of wedlock:
|
The applicant was born |
Then the U.S. citizen father must have |
|
Prior to Jan 13, 1941 |
Resided in the U.S. prior to the applicant’s birth. The father’s birth in the U.S. is sufficient to transmit citizenship. |
|
Between Jan 13, 1941 and prior to Dec 24, 1952 |
Resided in the U.S. for ten years prior to the applicant’s birth, with five of those years occurring after he turned 16. |
|
Between Dec 24, 1952 and prior to Nov 14, 1986 |
Resided in the U.S. for ten years prior to the applicant’s birth, with five of those years occurring after he turned 14. |
|
On or after Nov 14, 1986 |
Resided in the U.S. for five years prior to applicant’s birth, with two of those years occurring after he turned 14. |
If you feel you or a family member qualifies for U.S. citizenship under these circumstances, please notify the Consular Officer during your interview or contact the American Citizen Services section of the Consulate.