US citizenship for child born abroad to 1 naturalized parent

[Okalian 41]

Read this:

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 provided the U.S. citizen parent, prior to the birth of the child, 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.

In case the US Citizen is naturalized, Is it safe to assume that such five years of physical presence requirement applies to the years AFTER that parent was naturalized, or do all years prior to naturalization count as well?

[Penguin_ie 5,994]

It doesn't specify, so I would say any presence counts, even before naturalisation, as long as the parent was a USC by the time of the child's birth.

[grrrrreat 109]

Read this:

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 provided the U.S. citizen parent, prior to the birth of the child, 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.

In case the US Citizen is naturalized, Is it safe to assume that such five years of physical presence requirement applies to the years AFTER that parent was naturalized, or do all years prior to naturalization count as well?

The USCIS Field Adjudicator's Manual states "(2) Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time."

This is consistent with the statute, which does not limit physical presence to presence after the U.S. citizen was naturalized. It is also consistent with the purpose of the requirement, which is to ensure that the U.S. citizen parent has been exposed to American customs and values that will be an influence on the child.

Note that if the child was born out of wedlock, the required presence is only one year.

[Okalian 41]

The USCIS Field Adjudicator's Manual states "(2) Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time."

Thanks for your response! I was specifically looking for a legal source, as opposed to just opinion on the interpretation of the law great job! that's exactly what I was looking for.

And this is the source in case anyone else is interested in this subject: http://www.uscis.gov/err/E2%20-%20Applications%20for%20Certification%20of%20Citizenship/Decisions_Issued_in_2005/MAR312005_01E2309.pdf

[newacct 688]

Note that if the child was born out of wedlock, the required presence is only one year.

Only if the citizen was the mother. But not if the citizen was the father.