A child born abroad to one U.S. citizen parent and one alien parent

[kymcoco 0]

Hello,

I have some questions regarding "A child born abroad to one U.S. citizen parent and one alien parent".

It mentions:

"A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child."

Here are my questions:

1. Before I became the permanent resident, I used B2 visa to visit the US twice. Can those days be included in five years mentioned above? or can only the days after I became permanent resident be included?

2. Is one year equal to 360 days or 365 days when calculating the time I stayed in the US?

3. For example, if I departed from the US in 1/1/09 and came back in 1/2/09, how many days did I stay in the US? 0 or 1 or 2 days?

Thanks for the help in advance.

Edited August 16, 2009 by kymcoco

[Penguin_ie 5,995]

1. Neither counts- only the time from when you became a citizen (not a green card holder/ legal resident).

2. A full year, ie 365 days.

3. That I am not sure of, I would think 0 days, as you did not stay the full day on the 1st or 2nd.

[kymcoco 0]

Hello Penguin,

Thanks for the reply.

Are you sure about the first answer?

haha, if it is true, I don't really need to worry about second and third questions since I just became citizen last week.

[Otto 83]

Here are my questions:

1. Before I became the permanent resident, I used B2 visa to visit the US twice. Can those days be included in five years mentioned above? or can only the days after I became permanent resident be included? No

2. Is one year equal to 360 days or 365 days when calculating the time I stayed in the US?

Every calendar year (unless you're following an ancient Babylonian and Mayan one) has 365 days in it.

3. For example, if I departed from the US in 1/1/09 and came back in 1/2/09, how many days did I stay in the US? 0 or 1 or 2 days?1, there is no such thing as a zero day.

So is only one parent (you) a US citizen?

[kymcoco 0]

Yes, I will be the only parent who is the US citizen for my kid.

I just became citizen last week, and I don't think I will wait for five years and then have a kid.

So, in my case, I can only apply green card for my kid, right?

[Penguin_ie 5,995]

I am sure on 1. BUT..... So this child is not conceived yet? I believe as long as you have a child born in the USA, your child will be a US citizen automatically.

[kymcoco 0]

Hello,

I asked the same questions to the embassy in my original country, and they gave me the following answers:

1. As long as the days you were in the United States were PRIOR TO CHILD’S BIRTH, they all can be included in the FIVES YEARS. No matter what status (B1/B2 visa or Permanent resident) you were at that time.

2. One year equal to 365 days.

3. 1/1/09 to 1/2/09 is one day.

In case if anyone has the same situation as mine, hope these info can help you.

Penguin and Karin und Otto, still appreciate for both of your helps

[Aquarelka 1]

1. Neither counts- only the time from when you became a citizen (not a green card holder/ legal resident).

2. A full year, ie 365 days.

3. That I am not sure of, I would think 0 days, as you did not stay the full day on the 1st or 2nd.

it is not true. You can be a green card holder and be physically present in the USA for 5 years PRIOR to the child's birth

[Malrothien 6]

3. That I am not sure of, I would think 0 days, as you did not stay the full day on the 1st or 2nd.

CBP, at least, does not count it based on a 24 hr basis. You leave one day, you come back the next, that is considered one day.