Acquisition of U.S. Citizenship by a Child Born Abroad

[Juliemarie 0]

Hello Everyone,

I hope someone who can answer our problem.

My husband is a Dual citizen from Birth and he was born and raised in Japan. After he graduated in college here in Japan  he then moved and lived in the US for 4 years. My question is, does our son is eligible for US Citizenship? My son is gonne be 1 year old soon and We are currently living in Japan.

 

I have read on the uscis.gov that:

. Child of U.S. Citizen Parent and Foreign National 

A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

 

•One parent is a foreign national and the other parent is a U.S. citizen; and

•The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

 

Time abroad counts as physical presence in the United States if the time abroad was:

 

•As a member of the U.S. armed forces in honorable status;

•Under the employment of the U.S. government or other qualifying organizations; or

•As a dependent unmarried son or daughter of such persons.

 

Since my husband only lived in the US for only 4 years does it mean our son is not eligible for US citizenships?

 

hope someone who could help us, we don’t actually understand this statement. 

Thank you in advance🙇‍♀️🙏

[Crazy Cat 41,772]

"For children born on or after November 14, 1986, a child born to one U.S. citizen parent and one alien parent would acquire U.S. citizenship if the U.S. citizen parent was physically present in the United States or its outlying possessions for at least 5 years, at least 2 of which were after attaining the age of 14 ..."

 

Looks pretty clear to me......but I am not an expert.

[aaron2020 11,651]

Your son is not a US citizen since his father does not meet the 5 years residency requirement to pass US citizenship on to his children born abroad.

 

In order for your son to be a US citizen, his father must live in the US and file for his son to immigrate to the US.  Under the Child Citizenship Act, your son would need to meet the following four requirements 1) child must be under age 18. 2) have a USC parent, 3) live with that USC parent, AND 4) be admitted to the US as a legal permanent resident.  In order to meet condition 3 and 4, the father must live in the US and the child would need an immigration visa.

[Juliemarie 0]

Thanks missileman and aaron2020, Do you guys knows what this means?

-“Time abroad counts as physical presence in the United States if the time  abroad was: 

-As a dependent unmarried son or daughters of such person. “

 

My husband was born here in Japan but has a US Citizenship because of his Father. His Father was in the Military and his Mom is a Japanese after they got Married his Father got out from the Military and live in Japan for good. They just visit US once or twice a year. 

 

Does my husband does not belong to this category  as “A dependent unmarried son or daughters of such person” ?

My understanding is that, even though they live here in Japan the time living here abroad counts as physical presence in the United States. So, from his Birth he was depending to his parents and is that mean counted?

If I am wrong about my understanding, can someone help me to understand this statement please🙏.??

English is not our First Language, I am hoping someone can explain to us in a simple English.

 

Thanks a lot.

 

 

 

[aaron2020 11,651]

5 hours ago, Juliemarie said:

Thanks missileman and aaron2020, Do you guys knows what this means?

-“Time abroad counts as physical presence in the United States if the time  abroad was: 

-As a dependent unmarried son or daughters of such person. “

 

My husband was born here in Japan but has a US Citizenship because of his Father. His Father was in the Military and his Mom is a Japanese after they got Married his Father got out from the Military and live in Japan for good. They just visit US once or twice a year. 

 

Does my husband does not belong to this category  as “A dependent unmarried son or daughters of such person” ?

My understanding is that, even though they live here in Japan the time living here abroad counts as physical presence in the United States. So, from his Birth he was depending to his parents and is that mean counted?

If I am wrong about my understanding, can someone help me to understand this statement please🙏.??

English is not our First Language, I am hoping someone can explain to us in a simple English.

 

Thanks a lot.

 

 

 

You didn't mentioned that his dad was in the US military stationed in Japan until now.  If you good answers, then you must give complete information.  Giving us little details at time makes it frustrating to give you the correct answers.  

 

Your husband would need to prove that he was living in Japan under his father's US military orders for at least one year.  Only that time counts.  Time before your husband was born does not count.  After his father got out of the US military, that time doesn't count.  

How long was dad living in Japan under US military orders after your husband was born?  Does he have proof?