US Announces 6 Parental Statuses That Grant American Citizenship at Birth Under New Law
- The US Citizenship and Immigration Services listed the categories of parental status that allow a child born in the US to acquire citizenship at birth
- The categories relate specifically to the mother's immigration or citizenship status at the time of the child's birth under Executive Order 14160
- A different rule applies when the mother does not hold any of the qualifying statuses, placing a specific requirement on the father
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The United States Citizenship and Immigration Services (USCIS) has outlined 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.
According to USCIS, the determining factor in most cases is the mother's status at the time of the child's birth.
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If the mother falls into one of the approved categories, citizenship is granted automatically under the order.
6 qualifying maternal statuses under EO 14160
USCIS listed the following six categories of mothers whose children qualify for US citizenship at birth:
1. US citizens and nationals
2. Native Americans born in Canada who entered the US under Section 289 of the Immigration and Nationality Act (INA 289)
3. Asylees
4. Conditional Permanent Residents
5. Lawful Permanent Residents (LPR)
6. Refugees
What happens when the mother does not qualify
Where the mother does not hold any of the six recognised statuses at the time of the child's birth, a separate standard applies. In such cases, the child can 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 means that children born in the US are not automatically guaranteed citizenship solely on the basis of their birthplace. The citizenship status of at least one parent, specifically the mother first, and the father where the mother does not qualify, becomes the deciding factor under the current framework established by EO 14160.
The guidance from USCIS clarifies a significant shift in how birthright citizenship is assessed, making parental status central to the process rather than place of birth alone.
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Source: Legit.ng
