8 FAM 302.8
Acquisition by Birth in the U.S. Virgin Islands
(CT:CITZ-35; 05-15-2020)
(Office of Origin: CA/PPT/S/A)
8 FAM 302.8-1 Current Law
(CT:CITZ-35; 05-15-2020)
The Virgin Islands of the United States come within the definition of "United States" given in section 101(a)(38) Immigration and Nationality Act (INA). A person born there now acquires U.S. citizenship in the same way as one born in any of the 50 States. Section 301(a) INA applies.
8 FAM 302.8-2 Laws Granting U.S. Citizenship to Persons Born in the Virgin Islands
(CT:CITZ-35; 05-15-2020)
a. The first law to govern acquisition of U.S. citizenship by birth in the Virgin Islands was the act of February 25, 1927.
b. The Virgin Islands came within the definition of "United States" given in the Nationality Act of 1940, and section 201(a) NA applied to persons born in the Virgin islands.
8 FAM 302.8-3 Status Acquired by Birth Outside the Islands to Former Danish Residents or Natives of the Islands
(CT:CITZ-35; 05-15-2020)
a. Children born between January 17, 1917 and February 25, 1927 to someone who became a U.S. citizen under section 1 of the act of February 1, 1927, were declared U.S. citizens as of February 25, 1927, regardless of their birthplace.
b. The provisions of Section 1 were the same as those of section 306(a)(1)‑(3) INA.