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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87565
Experience:  Private practice in several areas, including immigration
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Type your specific visa or immigration question here...
Submitted: 1 year ago via ForeignBorn.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am assuming that the father is the US Citizen husband, or course.

If so, then yes, the child is a US Citizen. A child born abroad to one U.S. citizen parent and one alien parent 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 for five years or more (and I am guessing that the U.S. citizen parent was). The presence of the parent on U.S. soil does not have to be immediately prior to the birth so it is okay if the father was stationed in Germany before.

As such, the child is a US Citizen. The child's birth should be registered with the US Embassy/Consulate, and, a Certificate of Citizenship may be filed for and received by:

N-600 - here (if the child is back in the USA);

or

N-600K - here (if the child is still abroad and shall be for a few months).

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87565
Experience: Private practice in several areas, including immigration
Ely and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


To be sure I understand, as long as the father spent five years at ANY point in his life in the USA, the child will be a us citizen as long as the proper forms are filed within some sort of time frame on the forms I presumed.

Expert:  Ely replied 1 year ago.
Hello friend,

as long as the father spent five years at ANY point in his life in the USA, the child will be a us citizen

Correct. This is under Section 301(g) of the INA. Section 301(g) of the INA states:

..."a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date..."

As you can see:

1) There is no need that the five years be right before birth (only that two years are after age of 14); and
2) There are special exceptions to military personnel station abroad. So yes, the child is a US Citizen.

The N-600 or N-600K (for the Certificate of Citizenship) may be filed at any time, although the sooner the better, of course.

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