US citizenship to child

[sid1234 0]

I used to work in the US for many years on a greencard. Finally, I got my US citizenship through naturalization. One month after I got citizenship, I had to take a job abroad, with a 3 year contract. In this time I got married (not a US citizen) and just recently my wife gave birth. I want to apply for US citizenship for my son at the US embassy here. One of the rules is that if only one parent is a US citizen then he/she has to have been physically present in the US for 5 years prior to the birth of the child abroad.

My question is-- must this 5 year presence be as a US citizen, or is it just presence? I lived in the US for more than 5 years as a resident alien, but only for 1 month as a US citizen.

[milimelo 4,477]

I used to work in the US for many years on a greencard. Finally, I got my US citizenship through naturalization. One month after I got citizenship, I had to take a job abroad, with a 3 year contract. In this time I got married (not a US citizen) and just recently my wife gave birth. I want to apply for US citizenship for my son at the US embassy here. One of the rules is that if only one parent is a US citizen then he/she has to have been physically present in the US for 5 years prior to the birth of the child abroad.

My question is-- must this 5 year presence be as a US citizen, or is it just presence? I lived in the US for more than 5 years as a resident alien, but only for 1 month as a US citizen.

Yes, LPR status counts.

[Jojo92122 1,924]

I used to work in the US for many years on a greencard. Finally, I got my US citizenship through naturalization. One month after I got citizenship, I had to take a job abroad, with a 3 year contract. In this time I got married (not a US citizen) and just recently my wife gave birth. I want to apply for US citizenship for my son at the US embassy here. One of the rules is that if only one parent is a US citizen then he/she has to have been physically present in the US for 5 years prior to the birth of the child abroad.

My question is-- must this 5 year presence be as a US citizen, or is it just presence? I lived in the US for more than 5 years as a resident alien, but only for 1 month as a US citizen.

You meet the 5 years physical presence requirement to pass US citizenship on you your son.

You will need to provide proof that you meet this requirement; school transcripts, tax returns, home leases, etc.

[kattylopez12 0]

Typically, a child born in a foreign country with one U.S. citizen parent is entitled to American citizenship. If you are expecting a child abroad and want to be sure of your baby's citizenship, check with your local embassy for the latest laws. In any case, you should register your child's birth with the embassy as soon as possible as the first step in establishing your child's claim to U.S. citizenship at birth.