Children Born Abroad from US citizen parent(s)

With all the world issues, many US citizens living abroad are planning or are thinking to come back.  As such they want to know how they should bring their spouses and children to the United States. For the spouse, you need to file for the necessary paperwork to obtain permanent residence before citizenship.  This chart covers the issues of how to bring your child or children to the United States.  Hope it helps.

General Provisions for Acquisition of Citizenship for Children Born Abroad​
INA Section​ Status of Parents​ Residence or Physical​Presence Requirements​ Child is a​U.S. Citizen​
301(c)​ Both parents are U.S. citizens​ At least one U.S. citizen parent has resided in the United States or outlying possession prior to child’s birth​ At Birth​
301(d)​ One parent is a U.S. citizen; other parent is U.S. national​ U.S. citizen parent was physically present in the United States or its outlying possession for one year prior to child’s birth​ At Birth​
301(f)​ Unknown parentage​ Child is found in the United States while under 5 years of age​ At Birth​
301(g)​ One parent is a U.S. citizen; other parent is a foreign national​ U.S. citizen parent was physically present in United States or its outlying possessions for at least 5 years (2 after age 14) prior to child’s birth​ At Birth​
301(h)​ Mother is a U.S. citizen and father is a foreign national​ U.S. citizen mother resided in the United States prior to child’s birth​ At Birth​(only applies to birth prior to 1934)​
309(a)​ Out of wedlock birth, claiming citizenship through father​ Requirements depend on applicable provision: ​INA 301(c)​, ​(d)​, ​(e)​, or ​(g)​ ​ At Birth​(Out of wedlock)​
309(c)​ Out of wedlock birth, claiming citizenship through mother​ U.S. citizen mother physically present in the U.S. or its outlying possessions for one year prior to the child’s birth​ At Birth (for birth after December 23, 1952)​
320​ At least one parent is a U.S. citizen (through birth or naturalization)​ Child resides in the United States as a lawful permanent resident​ At Time Criteria is Met​
321​Repealed by CCA​ Both parents naturalize, or in certain cases, one parent naturalizes ​ Child resides in the United States as a lawful permanent resident​ At Time Criteria is Met​
322​ At least one parent is a U.S. citizen (through birth or naturalization)​ Child resides outside of the United States and child’s parent (or grandparent) was physically present in the U.S. or its outlying possessions for at least 5 years (2 after age 14)​
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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).