In Reply to: For her children to become citizens posted by DSCBruin on December 11, 2024 at 17:29:43
I just googled it and it turns out to be convoluted as hell (of course) because both sexes apparently had different rules until recently. My sister's case is bold-faced:
The following table outlines the physical presence requirements under INA 309 based on the parents’ citizenship.Physical Presence Requirements for U.S. Citizen Parents Before the Child's Birth
Parents’ Citizenship Status Period Child was Born Physical Presence Requirement U.S. Citizen Father and Noncitizen Parent Who is Not a U.S. National On or after December 24, 1952, and before November 14, 1986 The U.S. citizen father was physically present in the United States or its outlying possessions (OLP) for at least 10 years before the child’s birth, including at least 5 years after the age of 14. On or after November 14, 1986 The U.S. citizen father was physically present in the United States or OLP for at least 5 years before the child’s birth, including at least 2 years after the age of 14. U.S. Citizen Mother and Noncitizen Parent Who is Not a U.S. National On or after December 24, 1952, and before June 12, 2017 The child’s U.S. citizen mother was physically present in the United States or OLP for 1 continuous year before the child’s birth. On or after June 12, 2017 The child’s U.S. citizen mother was physically present in the United States or OLP for at least 5 years before the child’s birth, including at least 2 years after age 14. Two U.S. Citizen Parents On or after November 14, 1986, and before June 12, 2017 If the U.S. citizen father does not meet all the requirements for the child to acquire through the U.S. citizen father, then the U.S. citizen mother must satisfy 1 continuous year of physical presence in the United States or OLP before the child’s birth.
- The child’s U.S. citizen mother was physically present in the United States or OLP for 1 continuous year before the child’s birth; or
- The child’s U.S. citizen father satisfies all of the requirements in INA 309(a), and at least one parent resided in the United States or OLP before the child was born.
If the U.S. citizen mother does not meet the physical presence requirements, then the U.S. citizen father must satisfy all the requirements in INA 309(a), and at least one parent must have resided in the United States or OLP before the child was born.
On or after June 12, 2017 If the U.S. citizen father does not meet all the requirements for the child to acquire through the U.S. citizen father, then the U.S. citizen mother must satisfy 1 continuous year of physical presence in the United States or OLP before the child’s birth, or 5 years of physical presence in the United States or OLP, at least 2 years of which were after age 14, before the child was born.
- The child’s U.S. citizen mother was physically present in the United States or OLP for 1 continuous year before the child’s birth; or
- The child’s U.S. citizen mother was physically present in the United States or OLP for at least 5 years before the child’s birth, including at least 2 years after age 14;[47] or
- The child’s U.S. citizen father satisfies all of the requirements in INA 309(a), and at least one parent resided in the United States or OLP before the child was born.
If the U.S. citizen mother does not meet the physical presence requirements, then the U.S. citizen father must satisfy all the requirements in INA 309(a), and at least one parent must have resided in the United States or OLP before the child was born.
- Ah. Convoluted indeed. DSCBruin 19:20:08 12/11/24 (0)