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Posted Jan 5th, 2012
What if a child born outside the U.S. has only one U.S. citizen parent, but the parent hasn't lived
in the U.S. long enough to pass their citizenship?

Additional Details:
In order to be considered a natural born citizen, a child born outside the U.S. requires at least
one citizen parent who has lived in the U.S. for at least five years, at least two of which were
attained after the 14th birthday. But what if the child''s one citizen parent doesn''t quite meet
this criteria? Can the child be brought back to the U.S. by the citizen parent and become
naturalized?
Legal Topic Area: Immigration in FL

The laws surrounding citizenship by acquisition at birth abroad are very complex and specific. There are several sections of the law (INA) that may apply to an individual's specific facts.

Based on date of birth, there are different rules for how long the U.S. citizen needed to have been physically present in the U.S., including how long after certain ages. If inapplicable to your case, there could be other ways to prove citizenship, including in some instances using grandparent physical presence in the U.S.

Citizenship issues are far too complex and fact specific to really obtain accurate info through a Q&A. You need to consult with an experienced immigration attorney who can review your family's complete history and advise whether any citizenship options apply to you.

Regards,

Andrew M. Wilson, Esq.

Serotte Reich Wilson, LLP

www.srwlawyers.com

awilson@srwlawyers.com


Answered on Jan 6th, 2012 at 6:39pm