The child may qualify through either the father or the mother.

If qualifying through the father, the father must:

1. Establish a blood relationship between the child and the father by clear and convincing evidence; and
2. Have been physically present in the United States for at least a total of five years before the child’s birth, two of which were after the age of fourteen; and
3. Officially recognize the child as his own, either by submitting a notarized Affidavit of Physical Presence or Residence, Parentage and Support or court (PDF 112 KB) documents establishing paternity. With this document the father also pledges to financially support the child until he or she reaches 18 years of age.

If qualifying through the mother, the mother must:

1. Be the birth mother of the child; and

2. Have been physically present in the United States for at least a total of five years before the child’s birth, two of which were after the age of fourteen

Important! For children born out of wedlock before June 12, 2017, qualifying through the mother, the mother must have been physically present in the United States or one of its outlying possessions for a continuous period of twelve months before the child’s birth.