A child born outside of the ​US to a US Citizen parent

[upstar]

Hi, Guys ang gals,

I don't know whether this is the right place to ask, but according to INA 301 and 309,

A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

•One parent is a foreign national and the other parent is a U.S. citizen; and

•The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

Now the question is regarding the 5 years US physical presence, if the parent is a naturalized citizen, does the 5-year rule counts the time he/she spent in US before naturalization?

Anyone?

Thanks!

[rayb]

The required time for parent in the U.S. before child's birth is only time that parent had U.S. citizenship.

-Ray B

Hi, Guys ang gals,

I don't know whether this is the right place to ask, but according to INA 301 and 309,

A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

•One parent is a foreign national and the other parent is a U.S. citizen; and

•The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

Now the question is regarding the 5 years US physical presence, if the parent is a naturalized citizen, does the 5-year rule counts the time he/she spent in US before naturalization?

Anyone?

Thanks!

[newacct]

Hi, Guys ang gals,

I don't know whether this is the right place to ask, but according to INA 301 and 309,

A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

•One parent is a foreign national and the other parent is a U.S. citizen; and

•The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

Now the question is regarding the 5 years US physical presence, if the parent is a naturalized citizen, does the 5-year rule counts the time he/she spent in US before naturalization?

Anyone?

Thanks!

Yes, any time while physically in the US counts, in any status, including time while being a permanent resident, nonimmigrant, and even illegal immigrant. See 7 FAM 1133.3-3(a)(2).

[rayb]

Yes, contrary to my earlier post, I have to agree with your post that citizenship status in U.S. was not required of a parent to meet the "5-years in U.S." requirement to pass on U.S. citizenship to the child.

Thx for the correction and link.

I have t suggest, though, that even USCIS employees are not always initially aware of these distinctions when interpreting their own regulations.

--Ray B

Yes, any time while physically in the US counts, in any status, including time while being a permanent resident, nonimmigrant, and even illegal immigrant. See 7 FAM 1133.3-3(a)(2).