US Lists Six Parental Statuses That Grant Citizenship at Birth Under New Law

US Lists Six Parental Statuses That Grant Citizenship at Birth Under New Law

  • The US Citizenship and Immigration Services outlined six categories of maternal status that determine whether a child born in the US qualifies for citizenship
  • The qualifying statuses range from US citizens and nationals to refugees, asylees, and lawful permanent residents under Executive Order 14160
  • A separate rule applies when the mother does not meet any of the six criteria, placing the qualifying burden on the father's immigration status

The United States Citizenship and Immigration Services (USCIS) has published guidance outlining six categories of parental status under which a child born in the United States can acquire citizenship at birth, as defined by Executive Order 14160.

Under the framework, the mother's immigration or citizenship status at the time of birth serves as the primary determining factor in most cases.

US birthright citizenship, US citizenship at birth, USCIS citizenship guidance, Executive Order 14160, parental immigration status, US citizenship for children born in America, maternal immigration status, father's status and child citizenship
USCIS lists 6 maternal statuses for a child's citizenship at birth under Executive Order 14160. Image credit: KENT NISHIMURA, Al Drago/Getty Images
Source: Getty Images

6 maternal statuses that qualify a child for citizenship

USCIS confirmed that children born in the US are automatically eligible for citizenship at birth if the mother falls into one of the following categories: US citizens and nationals; Native Americans born in Canada who entered the US under Section 289 of the Immigration and Nationality Act; asylees; conditional permanent residents; lawful permanent residents (LPR); and refugees.

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If the mother holds any one of these statuses at the time of the child's birth, citizenship is granted automatically under the order.

What happens when the mother does not qualify

Where the mother does not meet any of the six recognised categories, a separate standard comes into effect. In such circumstances, the child may still acquire citizenship under the 14th Amendment, but only if the father is a US citizen, a US national, or a lawful permanent resident.

This marks a considerable departure from a straightforward application of birthright citizenship, where place of birth alone would previously have been sufficient. Under the current framework established by Executive Order 14160, at least one parent must hold a qualifying status, with the mother's status assessed first and the father's examined only if the mother does not qualify.

The USCIS guidance represents a significant shift in how birthright citizenship is assessed in the United States, making parental immigration status central to the process rather than the location of birth alone.

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US names country whose citizens cannot apply for visas

Earlier, YEN.com.gh reported that the US had named one country whose nationals are ineligible for an American visa, and the answer may surprise many travellers: the United States itself.

The federal government announced that American citizens are legally prohibited from obtaining a US entry visa, regardless of any other passport they may hold.

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Source: YEN.com.gh

Authors:
Philip Boateng Kessie avatar

Philip Boateng Kessie (Head of Human Interest Desk) Philip Boateng Kessie is the Head of the Diaspora Affairs Desk at YEN.com.gh, where he has worked since 2022. He has over eight years of journalism experience and holds a bachelor's degree in Communication Studies from the University of Cape Coast. Philip previously served as Head of the Human Interest Desk at YEN.com.gh and has also worked as a reporter for Graphic Communications Group Limited (GCGL) and a content writer for Scooper News. He also holds certificates in Advanced Digital Reporting and Fighting Misinformation. Email: philip.kessie@yen.com.gh