Legally married to each other at the time of the person’s conception or birth or within 300 days of the termination of the marriage by death or divorce

AND

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)).

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.A person born abroad out-of-wedlock on or after November 14, 1986 to a U.S. citizen father and an alien mother may acquire U.S. citizenship under 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA, if:

1. A blood relationship between the person and the father is established by clear and convincing evidence.
2. The father was a U.S. citizen at the time of the person’s birth;
3. The father (unless deceased) has agreed in writing to provide financial support for the person until he or she reaches the age of 18 years; and
4. While the person is under the age of 18 years:
   • the person is legitimated under the law of his/her residence or domicile, or
   • the father acknowledges paternity of the person in writing under oath, or
   • the paternity of the person is established by adjudication of a competent court.

If the child was born abroad out-of-wedlock on or after November 14, 1986 to a U.S. citizen father who satisfies the requirements of the “new” INA 309(a) as listed above, the child will acquire U.S. citizenship if the U.S. citizen father was physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, including at least two of which were after turning age 14.

Please note: Persons born between November 15, 1968 and November 13, 1971 may derive U.S. citizenship under either the “new” INA 309(a) and 301, as described above, or the “old” INA 309(a) and 301.)

Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time;