International Orgs for Meeting Physical Presence Requirement for Transmitting Citizenship to Child Born Abroad
Introduction
In certain cases, a U.S. citizen mother and/or U.S. citizen father may transmit citizenship to a child when the child is born abroad, without the child having to be naturalized. We discuss the myriad derivation of citizenship at birth rules for children born abroad in a separate article [see article]. Except in cases involving two married U.S. citizen parents, the transmitting parent must meet certain U.S. physical presence requirements in order to transmit citizenship to the child.
Under INA 301(g), the physical presence requirement in many cases encompasses “any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as the term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household [of such a person].” (Emphasis added.) In this article, we will examine the list of qualifying international organizations for purpose of the INA 301(g) physical presence requirement. We discuss the other provisions of INA 301(g) in the relevant section of our full article [see section].
Please note that the exceptions in INA 301(g) do not apply for meeting the 1-year continuous physical presence requirement in INA 309(c) for unwed U.S. citizen mothers in cases involving children born before June 12, 2017, but do apply to meeting the longer physical presence requirements for married U.S. citizens (INA 309(a)), unmarried U.S. citizen fathers (INA 309(a)), and unwed U.S. citizen mothers in cases where the child was born on or after June 12, 2017.
List of Qualifying International Organizations
The list of qualifying international organizations for INA 301(g) purposes is published by the U.S. Department of State (DOS) in its Foreign Affairs Manual (FAM). The list is published at 8 FAM 102.5-2. The following is the list of international organizations, up to date as of April 9, 2019:
International Organization: | Designated: | Revoked: |
African Development Bank | E.O. 12403 February 8, 1983 | |
African Development Fund | E.O. 11977 March 14, 1977 | |
Asian Development Bank | E.O. 11334 March 7, 1967 | |
Border Environment Cooperation Commission | E.O. 12904 March 16, 1994 | |
Caribbean Commission | E.O. 10025 December 30, 1948 | E.O. 10983 December 30, 1961 |
Caribbean Organization | E.O. 10983 December 30, 1961 | |
Coffee Study Group | E.O. 10943 May 19, 1961 | E.O. 12033 January 10, 1978 |
Commissions for Environmental Cooperation | E.O. 12904 March 16, 1994 | |
Commission for Labor Cooperation | E.O. 12904 March 16, 1994 | |
Commission for the Study of Alternatives to the Panama Canal | E.O. 12567 Oct. 2, 1986 | |
Customs Cooperation Council | E.O. 11596 June 5, 1971 | |
European Bank for Reconstruction and Development | E.O. 12766 June 18, 1991 | |
European Space Agency (formerly European Research Organization) |
E.O. 11318 December 5, 1966 E.O. 12766 June 18, 1991 |
|
Food and Agriculture Organization | E.O. 9698 February. 19, 1946 | |
Great Lakes Fishery Commission | E.O. 11059 October 23, 1962 | |
Hong Kong Economic and Trade Offices | E.O. 13052 June 30, 1997 | |
Inter-American Coffee Board | E.O. 9751 July 11, 1946 | E.O. 10083 Oct. 10, 1949 |
Inter-American Defense Board | E.O. 10228 March 26, 1951 | |
Inter-American Development Bank | E.O. 10873 April 8, 1960 | |
Inter-American Institute for Cooperation on Agriculture (formerly known as Inter-American Institute of Agricultural Sciences) | E.O. 9751 July 11, 1946 | |
Inter-American Investment Corporation | E.O. 12567 October 2, 1986 | |
Inter-American Statistical Institute | E.O. 9751 July 11, 1946 | |
Inter-American Tropical Tuna Commission | E.O. 11059 October 23, 1962 | |
Intergovernmental Committee on Refugees | E.O. 9823 January 24, 1947 | E.O. 10083 October 10, 1949 |
International Maritime Organization (formerly Intergovernmental Maritime Consultative Organization) | E.O. 10795 December 13, 1958 | |
Interim Communications Satellite Committee | E.O. 11227 June 2, 1965 | E.O. 11718 May 14, 1973 |
Interim Atomic Energy Agency | E.O. 10727 August 31, 1957 | |
International Bank for Reconstruction and Development | E.O. 9751 July 11, 1946 | |
International Boundary and Water Commission-The United States and Mexico | E.O. 12467 Mar. 2, 1984 | |
International Centre for Settlement of Investment Disputes | E.O. 11966 January. 19, 1977 (designation retroactive to November 24, 1976) | |
International Civil Aviation Organization | E.O. 9863 May 31, 1947 | |
International Coffee Organization | E.O. 11225 May 22, 1965 | |
International Committee of the Red Cross | E.O. 12643 June 23, 1988 | |
International Cotton Advisory Committee | E.O. 9911 December 19, 1947 | |
International Cotton Institute, now known as International Institute for Cotton | E.O. 11283 May 27, 1966 | |
International Criminal Police Organization (INTERPOL) | E.O. 12425 June 16, 1983 | |
International Development Association | E.O. 11966 January 19, 1977; designation retroactive to November 24, 1976) | |
International Development Law Organization | E.O. 12842 March 29, 1993 | |
International Fertilizer Development Association | E.O. 11977 March 14, 1977 | |
International Finance Corporation | E.O. 10680 October 2, 1956 | |
International Food Policy Research Institute | E.O. 12359 April 22, 1982 | |
International Fund for Agricultural Development | E.O. 12732 October 31, 1990 | |
International Hydrographic Bureau | E.O. 10769 May 29, 1958 | |
International Institute for Cotton (see International Cotton Institute) | ||
International Joint Commission—United States and Canada | E.O. 9972 June 25, 1948 | |
International Labor Organization (Functions through staff known as The International Labor Office) | E.O. 9698 February 19, 1946 | |
International Maritime Satellite Organization | E.O. 12238 September 12, 1980 | |
International Monetary Fund | E.O. 9751 July 11, 1946 | |
International Organization for Migration (formerly the Provisional Intergovernmental Committee for the Movement of Migrants for Europe and the Intergovernmental Committee for European Migration) | E.O. 10335 March 28, 1952 | |
International Pacific Halibut Commission | E.O. 11059 | Oct. 23, 1962 |
International Refugee Organization (see Preparatory Commission of the International Refugees Organization) | ||
International Secretariat for Volunteer Service | E.O. 11363 July 20, 1967 | |
International Telecommunication Union | E.O. 9863 May 31, 1947 | |
International Telecommunications Satellite Consortium | E.O. 11277 April 30, 1966 | E.O. 11718 May 14, 1973 |
International Telecommunications Satellite Organization (INTELSAT) |
E.O. 11718 May 14, 1973 Re-designated by E.O. 11966 January 19, 1977 (re-designation retroactive to November 24, 1976) |
E.O. 11966 January 19, 1977 |
International Union for Conservation of Nature and Natural Resources, (limited privileges) | E.O. 12986 January 18, 1996 | |
International Wheat Advisory Committee (International Wheat Council) | E.O. 9823 January 24, 1947 | |
Israel-United States Binational Industrial Research and Development Foundation | E.O. 12956 March 13, 1995 | |
Korean Peninsula Energy Development Organization | E.O. 12997 April 1, 1996 | |
Lake Ontario Claims Tribunal | E.O. 11372 September 18, 1967 | E.O. 11439 December 7, 1968 |
Multilateral Investment Guarantee | E.O. 12647 August 2, 1988 | |
Multinational Force and Observers | E.O. 12238 September 12, 1980 | |
North American Development Bank | E.O. 12904 March 16, 1994 | |
North Pacific Anadromous Fish Commission | E.O. 12895 January 26, 1994 | |
North Pacific Marine Science Organization | E.O. 12895 January 26, 1994 | |
Organization for European Economic Cooperation (now known as Organization for Economic Cooperation and Development; 28 FR 2959, Mar. 26, 1963) | E.O. 10133 June 27, 1950 | |
Organization of African Unity (OAU) | E.O. 11767 February 19, 1974 | |
Organization of American States (Includes Pan American Union) |
E.O. 10533 June 3, 1954 E.O. 9698 July 12, 1946 |
|
Organization of Eastern Caribbean States | E.O. 12669 February 20, 1989 | |
Organization for the Prohibition of Chemical Weapons | E.O. 13049 June 11, 1997 | |
Pacific Salmon Commission | E.O. 12567 October 2, 1986 | |
Pan American Health Organization (Includes Pan American Sanitary Bureau) |
E.O. 10864 February 18, 1960 E.O. 9751 July 12, 1946 |
|
Pan American Union (see Organization of American States) | ||
Preparatory Commission of the International Atomic Energy Agency | E.O. 10727 August 31, 1957 | |
Preparatory Commission of the International Refugee Organization and its successor, the International Refugee Organization | E.O. 9887 August 22, 1947 | E.O. 10832 August 19, 1959 |
Provisional Intergovernmental Committee for the Movement of Migrants from Europe (see Intergovernmental Committee on Refugees) | ||
Southeast Asia Treaty Organization | E.O. 10866 February 20, 1960 | E.O. 12033 January 10, 1978 |
South Pacific Commission | E.O. 10086 November 25, 1949 | |
United International Bureau for the Protection of Intellectual Property (BIRPI) | E.O. 11484 September 29, 1969 | |
United Nations | E.O. 9698 February 19, 1946 | |
United Nations Educational, Scientific, and Cultural Organization | E.O. 9863 May 31, 1947 | |
United Nations Industrial Development Organization | E.O. 12628, March 8, 1988 | |
United Nations Relief and Rehabilitation Administration | E.O. 9698 February 19, 1946 | E.O. 10083 October 10, 1949 |
Universal Postal Union | E.O. 10727 August 31, 1957 | |
World Health Organization | E.O. 10025 December 30, 1948 | |
World Intellectual Property Organization | E.O. 11866 June 18, 1975 | |
World Meteorological Organization | E.O. 10676 September 1, 1956 | |
World Tourism Organization | E.O. 12508 March 22, 1985 | |
World Trade Organization | E.O. 13042 April 9, 1997 |