travel.state.gov > Legal Considerations > U.S. Citizenship Laws & Policy > Acquisition of U.S. Citizenship by a Child Born Abroad
Acquisition of U.S. Citizenship by a Child Born Abroad
Birth Abroad to Two U.S. Citizen Parents in Wedlock
A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA) provided that one of the parents had a residence in the United States or one of its outlying possessions prior to the child’s birth. The child is considered to be born in wedlock for the purposes of citizenship acquisition when the genetic and/or gestational parents are legally married to each other at the time of the child’s birth and both parents are the legal parents of the child under local law at the time and place of birth.
Birth Abroad to One Citizen and One Alien Parent in Wedlock
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Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.
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In my, and others opinion, a Natural Born Citizen is a person born of two parents who are citizens, however, this has not been settled in the judiciary as the courts have not allowed/recognized "standing".
Cruz is a "Citizen", as it appears at least his his mother met the requirements above, but was his father a US citizen at the time of Ted's birth? The question arises again as to whether there is a difference between a Citizen and a "Natural Born Citizen".
If Barack Obama was born in Hawaii, he is at least a Citizen, but is he a Natural Born Citizen? IF, he was born outside the country, his mother was not qualified to convey US citizenship at the time of his birth under "For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child."; as, she was born Nov. 29, 1942, and five years after age fourteen would be Nov. 29, 1961. Barack Hussein Obama was born Aug. 4, 1961. His father was not a US citizen, he was a British subject in 1961. IF Barack Obama was born in Kenya to his British father and his unqualified US citizen mother, Barack Hussein Obama is a British citizen.
http://travel.state.gov/content/tra...s-policies/citizenship-child-born-abroad.html