רכישה בלידה - שני הורים USC (INA 301(c))

תרחישים לדוגמה

• ELIGIBLE. Citizenship acquired at birth under INA sec. 301(c) = 8 USC sec. 1401(c). One parent (mother) had prior U.S. residence. N-600 should be approved on submission of birth certificate, both parents' U.S. passports/birth certificates, and mother's California residence evidence.

  Both parents are U.S. citizens. Mother had a prior residence in the United States (California, corroborated by lease and tax records) before the child's birth. INA sec. 101(a)(33) defines residence as principal actual dwelling place, which the California evidence satisfies. The sec. 301(c) standard requires no minimum duration or age-based calculation. Acquisition was retroactive to 1990 birth; N-600 is declaratory. Standard: preponderance of the evidence (8 CFR sec. 341.2). N-600 fee $1,385 paper / $1,335 online (89 FR 6386).

• NOT ELIGIBLE under sec. 301(c). Neither parent satisfies the prior-U.S.-residence requirement. May not qualify under any INA sec. 301 provision unless facts show some U.S. presence not described.

  INA sec. 301(c) requires that 'one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth.' Neither parent had a residence in the U.S. or outlying possessions. Holding a U.S. passport does not substitute for the residence requirement. Rogers v. Bellei, 401 U.S. 815 (1971) confirms that Congress may impose conditions on statutory abroad-acquisition without 14th-Am limitation. The child does not acquire citizenship at birth under sec. 301(c); neither parent having U.S. residence breaks the jus-sanguinis chain as structured in the INA.

• CITIZEN at birth under INA sec. 301(f) = 8 USC sec. 1401(f) foundling provision (not sec. 301(c), but the closely related provision within the same statutory block).

  INA sec. 301(f) = 8 USC sec. 1401(f): 'a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States.' The infant was found in the U.S. under age 5 with unknown parentage. The rebuttable presumption applies. No evidence has been presented — let alone established prior to age 21 — that the child was not born in the U.S. Therefore the child is a U.S. citizen at birth. The government would bear the burden of showing before age 21 that the child was born outside the U.S. to overcome the presumption. This is distinct from sec. 301(c) (two USC parents) but falls within the same statutory section and is documented by N-600.

• ELIGIBLE. Citizenship acquired at birth under sec. 301(c); the father's five-month residence in Puerto Rico satisfies the residence prong.

  INA sec. 301(c) requires that AT LEAST ONE of the two USC parents 'has had a residence in the United States or one of its outlying possessions' before the birth — with NO minimum duration. Puerto Rico is U.S. territory, and a genuine five-month principal dwelling there qualifies as 'residence' under INA sec. 101(a)(33) (general abode, without regard to intent). Only one parent's qualifying residence is needed, so the mother's lack of U.S. residence is irrelevant. Citizenship vested at birth; the family should document via FS-240 or N-600 with the father's Puerto Rico enrollment/residence records.