Legal Question in Immigration Law in Iowa

According to information on the U.S. Department of State website, a child born abroad to one U.S. citizen parent and one alien parent who are married at the time of birth, acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth.
For births between December 24, 1952 and November 13, 1986, the time period indicated is ten years, five after the age of fourteen. That would seem to indicate the U.S. citizen parent must be at least 19 at the time of the child�s birth.
If the U.S. citizen parent is, for example, 17 and the family is living abroad at the time of the child�s birth (i.e., the U.S. citizen parent has not and could not have been physically present in the United States or one of its outlying possessions for five years after the age of fourteen), does that mean the child does not acquire U.S. citizenship?

Asked on 10/17/11, 10:12 am

Robert Luedeman solo practitioner

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You would need to direct your inquiries to an immigration attorney as that is an area that I do not practice in.

Answered on 10/18/11, 6:08 am

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