This is a more definitive reference, as it takes into account court rulings in recent years.
http://travel.state.gov/law/info/info_609.html
The Shusterman chart doesn't include the different rules that apply (according to the court) when the father vs. the mother is the one USC parent.
Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.
suppose i have been an LPR between the age of 6 and 11 and had 4 years of physical presnece, and lost the status after not returning to US after a year of departure, and if i secured a new visa/lprstatus/gc when i was 23, has physical presence for 40 months and had the status of an LPR for 7 years, get naturalized. I marry a girl from my home country (not an LPR) and we have the baby in our home country. is the child considerd to be a USC
recap:
4 years of physical prsence before the age of 14 (but on a different visa, LPR but that got expired)
40 months of physical prsense after obtaining gc at the age of 23
8 months since naturalized
will my child be considred as a USC if my wife has no immigration status and the child is born in india ? can i claim us citizenship for him
Hmm... I'm interested in knowing how you bypassed the continuous presence test in obtaining citizenship.
(other than that, the test is of physical presence - not that of being a citizen for 5 years so IMO you should be OK)
You have the 5 years of physical presence, but you still have to prove it, which can be difficult, particularly for those years when you were under 14. There was another guy on the forum recently who had something like 10 years of presence but they rejected his claim for his children's citizenship because he didn't have enough documents from back in the 1990s to prove his physical presence to their satisfaction.recap:
4 years of physical prsence before the age of 14 (but on a different visa, LPR but that got expired)
40 months of physical prsense after obtaining gc at the age of 23
8 months since naturalized
will my child be considred as a USC if my wife has no immigration status and the child is born in india ? can i claim us citizenship for him
whats ur question again ? bypassed what ? could u be more specific. I dont mind sharing the info with u
I expect it would be good enough, but they can be very nitpicky about what they will accept. You won't know for sure what they will accept until you submit the documents to them for evaluation.I should have my school report cards from my schooling form grade 1 to 5th. i do have my passport (which has a pic of mine when i was 6 years old) wouldnt the passport have the information/seals abt my arrival and departure, i also havey gc i had then.
I expect it would be good enough, but they can be very nitpicky about what they will accept. You won't know for sure what they will accept until you submit the documents to them for evaluation.
However, if they don't recognize the baby's citizenship, you can still get citizenship for him/her quickly if your wife still has LPR status. If she brings the baby to the US on her first trip into the US since the birth, and the baby is still under 2 years old, the baby will be granted LPR status at the POE. No I-130 required. Upon acquiring LPR status, the baby will then gain US citizenship via the Child Citizenship Act as a result of having a USC parent (you), provided you are living in the US at the time.
There is a rule that allows an LPR parent to bring a child born overseas to the US to gain LPR status without an I-130, provided the child is under 2 years old and it is the parent's first trip to the US since the birth.suppose the wife is a LPR, why wouldnt the child need to have a I130 ?
I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?
As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.[/b]
There is a rule that allows an LPR parent to bring a child born overseas to the US to gain LPR status without an I-130, provided the child is under 2 years old and it is the parent's first trip to the US since the birth.
http://mumbai.usconsulate.gov/legal_permanent_residents.html
If the mother has H4 or L2, the baby would have to get an appropriate visa to enter the US, and won't become an LPR upon entry.is it the same case for h4 or l2 category mother ?or does it apply exclusively to LPR mothers ?
If the mother has H4 or L2, the baby would have to get an appropriate visa to enter the US, and won't become an LPR upon entry.
Only an LPR parent can bring the child into the US and instantly get LPR status for the child with no visa and no I-130 and no I-485.let me correct myself, i meant if the mother is a dependent, would the child under 2 years need appropriate visa or will the child be able to enter US as a dependent.
Only an LPR parent can bring the child into the US and instantly get LPR status for the child with no visa and no I-130 and no I-485.
If the mother is H4 or L2, that would mean the father is H1B or L1*, so the child would get an H4 or L2 that is tied to his/her father's H1B or L1 status.
*assuming we are not talking about a situation where she got pregnant for somebody other than her husband
*assuming we are not talking about a situation where she got pregnant for somebody other than her husband
If you make the assumption I listed, it is safe to conclude that the father has H or L status as the primary visa holder.Actually case law doesn't take the 'other dude' into account. Fidelity is assumed unless challenged.
Unless paternity is challenged in court, either before birth or soon after, the husband is considered to have 'ratified' the baby as their own child.
(and will be liable for things like child support if the couple were to get divorced years later... )