Q. about the child citizenship act

Hussein Ahmed

New Member
Hi everyone,
My sister was born 1979 in US, she is married with 3 children, leaving in Khartoum, Sudan. and want to apply for them to get a citizenship; as per the following quote; she pass all the requirement but didn't present in the US for the mentioned period 5 years, what she can do??

"Child Citizenship Act, INA Section 322, provides that a U.S. citizen parent (or, if deceased within five years, a citizen grandparent or legal guardian) may apply for naturalization on behalf of a child born abroad who has not acquired U.S. citizenship automatically under INA Section 320. U.S. Citizenship and Immigration Services will issue a Certificate of Citizenship to the child upon proof that the following conditions have been fulfilled:

At least one parent of the child is a U.S. citizen by birth or naturalization;
The U.S. citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, this requirement may be met through proof that the child's U.S. citizen grandparent has been physically present for such time.
The child is under the age of eighteen;
The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent;
The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status."
 
She needs to have been physically present in the US for 5 years total (any time in her life up to now), including 2 years after turning 14, or, her US-citizen parent (the child's grandparent) needs to have been physically present in the US for 5 years total (any time in that person's life up to now), including 2 years after turning 14.
 
She needs to have been physically present in the US for 5 years total (any time in her life up to now), including 2 years after turning 14, or, her US-citizen parent (the child's grandparent) needs to have been physically present in the US for 5 years total (any time in that person's life up to now), including 2 years after turning 14.
okay got it, but is there any exceptional cases?
 
No. But if she was born in the US, it is almost certain that her parents were physically present in the US for some amount of time in their lives.
 
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