Tag Archives: S. 301 Immigration Nationality Act

INA S. 301 – "Residence" vs. "Physical Presence" and transmission of US citizenship abroad

The post raises two questions:

  1. Is a child born abroad to U.S. citizen parent(s) automatically a U.S. citizen? What are the conditions required to transmit U.S. citizenship? Who bears the burden of proving that those conditions have been met?
  2. Assuming that the child either acquires or is eligible for U.S. citizenship, should the parent register the birth at a U.S. Consulate or embassy?

Continue reading