US citizenship from ONE US citizen parent

[HumHongeKamyaab]

If a child is born abroad and only one parent is US citizen, the child gets to be a US citizen if the parent has resided in the US or US territories for five years. Is this five years residence required as a US citizen for the parent? Can the one US citizen parent be a recently naturalized citizen with 8 years residence in the US as a non-resident and 3 years as a green card holder?

 

[Jackolantern]

The 5 years can include time before citizenship and even before the green card. The only restriction is that 2 years must be after your 14th birthday, and all the 5 years must have been before the birth.

However, be aware that they can be very nitpicking when it comes to proof of the 5 years. They often discount or disregard a lot of evidence*, so many people who actually had the 5 years were unable to secure US citizenship for their children who were born abroad. If you only have 8 years, that might not be enough to get them to accept 5 years.


*for example, they may disregard employment evidence such as paystubs if the type of job is such that significant amounts of work could have been done outside the US. If you're a bus driver for a particular city you obviously have to be in the US to drive the bus, but if you're a programmer or manager or accountant you could be doing your job from anywhere. And if you submitted university transcripts but didn't attend summer school, they'll count only 8 or 9 months per year because you could have been outside the US for the summers.

 

[HumHongeKamyaab]

Wouldn't the entry/exit stamps on all passport be good enough? I have all the tax filings from 1999. If they deny USC for the child what are my other options for returning with the child. Can the child be sponsored for a LPR and if yes how long does that take?

My history of stay in the US has been as follows:

8/99 - Entry on F1
5/00 - Exit
5/00 - Entry on F1
12/00 - Exit
01/2001 - Entry on F1
05/2002 - Exit
05/2002 - Entry on H-1B
01/2003 - Exit
01/2003 - Entry on H-1B
11/2003 - Exit
12/2003 - Entry on H-1B
05/2004 - Exit
05/2004 - Entry on H-1B
10/2004 - Exit
12/2004 - Entry on H-1B
12/2007 - Exit
01/2008 - Entry on Green Card
07/2010 - Exit
01/2011 - Entry on Green Card / REP
01/2011 - Exit
07/2011 - Entry on Green Card / REP
07/2011 - Exit

 

[Jackolantern]

Wouldn't the entry/exit stamps on all passport be good enough?

Not necessarily. They usually want stronger proof than that, although the stamps can help to corroborate your other evidence.

I have all the tax filings from 1999.

That doesn't help much if the characteristics of the job are such that you could have spent large amounts of time working outside the US.

If they deny USC for the child what are my other options for returning with the child. Can the child be sponsored for a LPR and if yes how long does that take?

If the mother is an LPR at the time of birth, the child can obtain instant LPR status at the port of entry by being brought to the US with the mother, on the mother's first trip to the US since the birth, before the child is 2 years old (or the father can bring the child if the father was outside the US at the time of birth).

Otherwise, the child can be sponsored through the usual consular process which would take 6-12 months.

 

[baikal3]

If a child is born abroad and only one parent is US citizen, the child gets to be a US citizen if the parent has resided in the US or US territories for five years. Is this five years residence required as a US citizen for the parent? Can the one US citizen parent be a recently naturalized citizen with 8 years residence in the US as a non-resident and 3 years as a green card holder?

Is this a hypothetical question? Or about something that has already happened/is about to happen?
Also, the child was/is about to be born in-wedlock, correct?

From the time-line of entries/exits to/from the U.S. it is not clear what your status is. Are you still a GC holder? Or are you a recently naturalized U.S. citizen?
Also, are you the mother or the father of the child?

 

[HumHongeKamyaab]

- hypotheical: about to happen
- child will be born in wed-lock
- we r gc holders outside the US on rep and n470. me and wife will soon become eligible for naturalization
- she may not naturalize as she may not be able travel to US due to being expectant mother
- i will go ahead and naturalize. she will abandon her gc as she loses n470 when i naturalize. she will refile for gc based onb marriage to usc when it is time to return to US. may have to do the same for the child if usc cannot be obtained for the child.
- father

 

[BigJoe5]

- hypotheical: about to happen
- child will be born in wed-lock
- we r gc holders outside the US on rep and n470. me and wife will soon become eligible for naturalization
- she may not naturalize as she may not be able travel to US due to being expectant mother
- i will go ahead and naturalize. she will abandon her gc as she loses n470 when i naturalize. she will refile for gc based onb marriage to usc when it is time to return to US. may have to do the same for the child if usc cannot be obtained for the child.
- father

The "abandonment" plan is a bad idea. Her worst case scenario should only go as far as obtaining an SB-1 returning resident visa. See a lawyer before doing anything.

 

[Jackolantern]

N-470 doesn't protect the GC, so there is no need for her to abandon it because of the loss of N-470. The N-470 only protects continuous residence for naturalization eligibility.

The reentry permit is what protects the GC, and her reentry permit is not dependent on yours so your naturalization won't make her lose the RP. If she can't return to the US before the RP expiration due to childbirth and recovery, she can apply for an SB-1 visa to enter the US when she's able to return (she'll need to provide some medical records as supporting evidence for her inability to travel), which is a lot cheaper and faster than redoing the GC process from scratch. However, the SB-1 application should not be delayed too long, as the longer it is delayed the lower the chances of success.