Child Of US Citizen Parent
Mar 4th 2004, 3:00 pm
#1
Guest
Posts: n/a
Child Of US Citizen Parent
Hi,
A few years ago, I attempted to obtain my US citizenship, as my mother
was born and lived in the States until she was 16. I was turned down, as my
birthdate falls before the law was amended to stipulate the parent had to
spend a total of 2 years before, and 2 years after their 14th birthday. The
law that governs according to my birthdate, states the parent needed to be
in the US 4 years before, and 4 years after their 14th birthday. I know
these laws, when amended, are not generally made to be retroactive, but I
haven't checked in a while. Does anyone know if this law is currently, or
will ever be made retroactive? My apologies if this query is confusing.
Any help, or suggestions would be very much appreciated.
Thanks,
Jeff
A few years ago, I attempted to obtain my US citizenship, as my mother
was born and lived in the States until she was 16. I was turned down, as my
birthdate falls before the law was amended to stipulate the parent had to
spend a total of 2 years before, and 2 years after their 14th birthday. The
law that governs according to my birthdate, states the parent needed to be
in the US 4 years before, and 4 years after their 14th birthday. I know
these laws, when amended, are not generally made to be retroactive, but I
haven't checked in a while. Does anyone know if this law is currently, or
will ever be made retroactive? My apologies if this query is confusing.
Any help, or suggestions would be very much appreciated.
Thanks,
Jeff
Mar 8th 2004, 5:45 am
#2
Guest
Posts: n/a
Re: Child Of US Citizen Parent
"Jeff" wrote:
> A few years ago, I attempted to obtain my US citizenship,
> as my mother was born and lived in the States until she
> was 16. I was turned down, as my birthdate falls before
> the law was amended to stipulate the parent had to spend
> a total of 2 years before, and 2 years after their 14th
> birthday. The law that governs according to my birthdate,
> states the parent needed to be in the US 4 years before,
> and 4 years after their 14th birthday.
The actual legal provisions for a child born outside the US to one
American parent (the other parent being an alien) are/were as follows:
A child born in this situation prior to 14 Nov. 1986 has US citizenship
at birth if the American parent had been present in the US, before the
child's birth, for at least ten years -- including at least five years
after the parent's 14th birthday.
Note, BTW, that this is NOT the same as "five years in the US before
age 14, and five years in the US after age 14". There is no minimum
amount of time during which the parent must have been in the US before
age 14 -- but there IS a minimum amount of time during which the parent
must have been in the US after reaching age 14. Thus, a parent who
"was born and lived in the States until she was 16" would NOT have met
the older version of the requirement, unless she subsequently returned
to the US for one or more periods of time totalling at least another
three years.
The law changed on 14 Nov. 1986. A child born outside the US to one
American parent, on or after 14 Nov. 1986, has US citizenship at birth
if the American parent had been present in the US, before the child's
birth, for at least five years -- including at least two years after
the parent's 14th birthday. (Again, note that this is NOT the same as
"two years before age 14 and two years after age 14".)
This is section 301(g) of the Immigration and Nationality Act -- also
found in section 1401(g) of Title 8 of the United States Code [8 USC
1401(g)].
Just in case it may help, please note that the requirement is for a
specific minimum amount of time being "physically present" in the US.
This is NOT necessarily the same as "living" or "residing" in the US.
Thus, for example, time spent visiting the US as a tourist DOES count,
but time spent travelling outside the US (even while one's principal
place of residence is in the US) does NOT count.
Also, the law allows one to count time spent in US possessions; time
spent abroad on active duty in the US armed forces, working for the
US government, or working for an international organization; and time
spent as a dependent spouse or child of someone so posted.
> I know these laws, when amended, are not generally made to
> be retroactive, but I haven't checked in a while. Does
> anyone know if this law is currently, or will ever be made
> retroactive?
Sorry, but the 1986 change to INA 301(g) / 8 USC 1401(g) is not, never
has been, and probably never will be retroactive.
If you were born before 14 Nov. 1986, my understanding is that you
would not have any basis for claiming US citizenship at birth via this
section of the law, unless your mother had spent at least ten years in
the US (including at least five years after her 14th birthday) before
you were born. The 1986 change to the law wouldn't help you any, as
it benefits ONLY people born AFTER the date the law was changed.
Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
> A few years ago, I attempted to obtain my US citizenship,
> as my mother was born and lived in the States until she
> was 16. I was turned down, as my birthdate falls before
> the law was amended to stipulate the parent had to spend
> a total of 2 years before, and 2 years after their 14th
> birthday. The law that governs according to my birthdate,
> states the parent needed to be in the US 4 years before,
> and 4 years after their 14th birthday.
The actual legal provisions for a child born outside the US to one
American parent (the other parent being an alien) are/were as follows:
A child born in this situation prior to 14 Nov. 1986 has US citizenship
at birth if the American parent had been present in the US, before the
child's birth, for at least ten years -- including at least five years
after the parent's 14th birthday.
Note, BTW, that this is NOT the same as "five years in the US before
age 14, and five years in the US after age 14". There is no minimum
amount of time during which the parent must have been in the US before
age 14 -- but there IS a minimum amount of time during which the parent
must have been in the US after reaching age 14. Thus, a parent who
"was born and lived in the States until she was 16" would NOT have met
the older version of the requirement, unless she subsequently returned
to the US for one or more periods of time totalling at least another
three years.
The law changed on 14 Nov. 1986. A child born outside the US to one
American parent, on or after 14 Nov. 1986, has US citizenship at birth
if the American parent had been present in the US, before the child's
birth, for at least five years -- including at least two years after
the parent's 14th birthday. (Again, note that this is NOT the same as
"two years before age 14 and two years after age 14".)
This is section 301(g) of the Immigration and Nationality Act -- also
found in section 1401(g) of Title 8 of the United States Code [8 USC
1401(g)].
Just in case it may help, please note that the requirement is for a
specific minimum amount of time being "physically present" in the US.
This is NOT necessarily the same as "living" or "residing" in the US.
Thus, for example, time spent visiting the US as a tourist DOES count,
but time spent travelling outside the US (even while one's principal
place of residence is in the US) does NOT count.
Also, the law allows one to count time spent in US possessions; time
spent abroad on active duty in the US armed forces, working for the
US government, or working for an international organization; and time
spent as a dependent spouse or child of someone so posted.
> I know these laws, when amended, are not generally made to
> be retroactive, but I haven't checked in a while. Does
> anyone know if this law is currently, or will ever be made
> retroactive?
Sorry, but the 1986 change to INA 301(g) / 8 USC 1401(g) is not, never
has been, and probably never will be retroactive.
If you were born before 14 Nov. 1986, my understanding is that you
would not have any basis for claiming US citizenship at birth via this
section of the law, unless your mother had spent at least ten years in
the US (including at least five years after her 14th birthday) before
you were born. The 1986 change to the law wouldn't help you any, as
it benefits ONLY people born AFTER the date the law was changed.
Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
