Tooby's California Post-Conviction Relief for Immigrants

A person may have acquired United States citizenship by being born in the United States, Puerto Rico, the U.S. Virgin Islands, or Guam.[42]  The INA also allows “a person of unknown parentage found in the United States while under the age of five years” to be considered a citizen of the United States unless the person is “shown, prior to his attaining the age of twenty-one years, not to have been born in the United States.”[43]

[42] See INA § § 301(a) & (b), 302, 304-307, 8 U.S.C. § § 1401(a) & (b), 1402, 1404-1407 (citizen by birth in the United States, Puerto Rico, U.S. Virgin Islands, or Guam).

[43] INA § 301(f), 8 U.S.C. § 1401(f).