Child Born Out of Wedlock
A June 12, 2017 ruling by the Supreme Court changed the transmission requirements for children born out of wedlock overseas to U.S. citizen parents. The new requirements took effect on the day of ruling Children born on or after June 12, 2017 must use the new transmission requirements.
Applicants born abroad out of wedlock on or after June 12, 2017:
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Type of Claim
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Applicable Physical Presence or Residence Requirement
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U.S. citizen mother and non-citizen (or unknown) father
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5 years of physical presence in the U.S., 2 of which were after the age of 14
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U.S. citizen father and non-citizen mother
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5 years of physical presence in the U.S., 2 of which were after the age of 14
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U.S. citizen father and U.S. citizen mother
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Either (or both) parent(s) must have resided in the U.S. at some point prior to the child’s birth
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Applicants born abroad out of wedlock before June 12, 2017:
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Type of Claim
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Applicable Physical Presence
or Residence Requirement
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U.S. citizen mother and non-citizen (or unknown) father
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1 year continuous physical presence in the U.S. or overseas possession
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U.S. citizen father and non-citizen mother
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5 years of physical presence in the U.S. or possession, 2 after the age of 14
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U.S. citizen father and U.S. citizen mother; claim through the father
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Residence of either parent in U.S. or overseas possession
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U.S. citizen father and U.S. citizen mother; claim through the mother
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1 year continuous physical presence in U.S. or overseas possession
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Notes:
- Applicable physical presence or residence requirements must be met prior to the applicant’s birth.
- If either or both parent(s) were married to someone other than the child’s other biological parent at the time of the child’s conception or birth, the U.S. citizen parent must submit a notarized DS-5507 form.
