US Citizenship question about Birth Abroad to One Citizen and One Alien Parent in Wedlock?
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US Citizenship question about Birth Abroad to One Citizen and One Alien Parent in Wedlock?
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Hello. Could anybody explain what does the US law say about such a question:
Dad is a citizen of the US. He got the US Citizenship as a Green Card holder after 5 year permanent residence term, when he was 33.
Mother is not a US citizen and not a US Green Card holder. Both of them are living abroad. The child was born abroad.
By the US law, the child is eligible to get the US citizenship if the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. For birth on or after November 14, 1986:
A) a period of five years physical presence*,
B) two after the age of fourteen is required - Yes.
Taken from http://travel.state.gov/law/info/info_609.html (Acquisition of U.S. Citizenship By a Child Born Abroad)
*) So the question is: if parent lived in the US for 5 years as a Green Card holder 3 years as a US Citizenship and then moved abroad, is his child eligible?
Or, 5 years counts since child's parent got his Citizenship and does NOT count when he was a permanent resident as a Green Card holder? (of course we are talking about 5 years of physical presence in the US).
Please experts only.
Thank you.
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Fred S
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When reading the immigration laws, one has to read it literally. Don't read into it. Don't try to interpret it.
You got it right. A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth.
For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required on the part of the U.S. citizen parent.
What was the last thing to happen? The child was born in wedlock to a U.S. citizen parent and an alien parent. What happened before the child was born? The citizen parent lived in the U.S. for at least five years; at least two of which were after his 14th birthday.
The child is U.S. The citizen parent needs to register the child's birth at the U.S. embassy or consulate.
EDIT: Donna----Read it literally. Don't read into it. Don't try to interpret it. It says what it says. There's nothing about the five years being as a citizen. It's five years of physical presence. |
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Jen
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Yes, your child is eligible. You need to fill out a form.
http://travel.state.gov/law/info/overseas/overseas_703.html |
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Donna
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Now see I read the law differently than Fred does. The US citizen parent has not lived inside the US for the required 5 yrs (as a US citizen) needed in order to pass on citizenship. He has only been a US citizen for 3 yrs. He has lived inside the US for 3 yrs as a US citizen, not 5.
Best way to determine the correct answer is to call or go to the US embassy or consulate in the country you are in. If in the states, contact an immigration attorney. Most give free or greatly reduced initial consults.
Donna |
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sailortinkitty
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They honestly could go either way. The reason being the child was not born in the US.
If the child was born in the US there would be no question into their citizenship.
Legally the child should be eligible for the US Citizenship but if it goes to court things can be manipulated.
So Yes, but you will be fighting an uphill battle and can still lose. |
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