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Kennedy Law is an immigration law firm helping clients determine whether U.S. citizenship was acquired automatically at birth or derived later through a U.S. citizen parent. 

Which rule applies depends on the governing statute: Immigration Nationality Act 301, INA 309, INA 320, or INA 322. This reference guide from Kennedy Law explains how each provision works, including the rules for children born in wedlock or out of wedlock, the physical presence requirements for U.S. citizen parents, and how the Child Citizenship Act of 2000 changed automatic acquisition of citizenship after birth.

These four statutes govern different situations and are not interchangeable. INA 301 and 309 govern citizenship acquired automatically at birth. INA 320 governs automatic acquisition after birth for a child who did not acquire citizenship at birth. 

INA 322 governs an affirmative application for a foreign-residing child who qualifies under neither of the other two. Within 301 and 309, the requirements differ further depending on whether the child was born in wedlock or out of wedlock, and the child's exact date of birth controls which version of the statute applies.