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Citizenship at birth for one US parent

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  • Citizenship at birth for one US parent

    Hi all,
    i am a naturalized US citizen and was wondering if i have lived in the US for over 16 years on different status such as f1 visa, greencard and citizen; does it all apply to the 5 year presence requirement in order to transfer citizenship to my foreign born child from a foreign national mother overseas?

    I was naturalized in May 2011 but lived mostly overseas from Dec 2012 and my stay in US does not add to 5 years if only counted as a citizen unless my stay as a greencard holder or f1 visa holder is added.

    Does the presence/stay have to be as a US citizen and does it have to be consecutive, what proof do they require?

    Many thanks, please share your knowledge and experience.

  • #2
    Originally posted by crayon143 View Post
    Hi all,
    i am a naturalized US citizen and was wondering if i have lived in the US for over 16 years on different status such as f1 visa, greencard and citizen; does it all apply to the 5 year presence requirement in order to transfer citizenship to my foreign born child from a foreign national mother overseas?

    I was naturalized in May 2011 but lived mostly overseas from Dec 2012 and my stay in US does not add to 5 years if only counted as a citizen unless my stay as a greencard holder or f1 visa holder is added.

    Does the presence/stay have to be as a US citizen and does it have to be consecutive, what proof do they require?

    Many thanks, please share your knowledge and experience.
    I doubt the previous stays count, it has to be stay as a US citizen.

    Comment


    • #3
      Originally posted by crayon143 View Post
      Hi all,
      i am a naturalized US citizen and was wondering if i have lived in the US for over 16 years on different status such as f1 visa, greencard and citizen; does it all apply to the 5 year presence requirement in order to transfer citizenship to my foreign born child from a foreign national mother overseas?

      I was naturalized in May 2011 but lived mostly overseas from Dec 2012 and my stay in US does not add to 5 years if only counted as a citizen unless my stay as a greencard holder or f1 visa holder is added.

      Does the presence/stay have to be as a US citizen and does it have to be consecutive, what proof do they require?

      Many thanks, please share your knowledge and experience.
      Yes. Physical presence in the US counts regardless of your status, including time when you were a permanent resident, nonimmigrant, or even illegal immigrant. See 7 FAM 1133.3-2(a)(2):
      Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Re

        Thank you so much.

        Comment

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