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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7662
Experience:  Experienced in all aspects of immigration and nationality law.
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Im a US citizen naturalized in 2011 I travel back and forth

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I'm a US citizen naturalized in 2011 I travel back and forth to th US my last visit being march 2013 I'm currently pregnant and was wondering if I give birth abroad if my baby will be entitled to US citizenship
Submitted: 1 year ago via ForeignBorn.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.
I'll be happy to answer your question. However I have a few questions of my own:

- When you were naturalized, how old were you?

- How long did you live in the US after becoming a citizen?

 

- Are you married to the father?

 

- If so, is the father a US citizen?

Customer: replied 1 year ago.
I was 35 at the time of naturalization I am 36 now I still have a residence in the US but I've travelled back and forth since naturalization my longest period being 6mths I am not married to the father and he is not a US citizen
Customer: replied 1 year ago.
Are u still there my account is charged and I haven't received an answer to my question
Expert:  Expert James replied 1 year ago.

Hi Natalie,

Sorry about the delay. I work with several customers at the same time, and I have to answer all of their questions in the order they are received, to keep it fair. Sometimes delays may occur, but rest assured that you will be assisted in the order your question is received. My apologies for any inconvenience this might have caused, and I thank you for your patience and understanding.

In order to pass on citizenship to your child born abroad, you must have has at least 1 year of continuous physical presence in the US prior to the child's birth. So in your case, if you were not physically in the US for at least 1 year continuously (not accumulated), then you can't pass on citizenship to the child if s/he is born abroad.


In other words, 6 months in the US, then 6 months outside the US, and then 6 months in the US will not be enough to pass on US citizenship to your child. You have to spend a whole year at one time in the US, prior to the child's birth, in order to pass on citizenship to the child.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

Customer: replied 1 year ago.
Can u explain why the US embassy describes it as one year continuous presence instead of one year continuos physical presence when I applied for citizenship I needed 5 yrs continuous presence as described so I'm wondering if your info is misleading I would think that the US embassy would describe it as continuous physical presence
Customer: replied 1 year ago.
I have resided in the US for 20 plus years does the one year have to be immediately before givin birth
Expert:  Expert James replied 1 year ago.
Natalie,

Sorry for the delay. and Sorry for any confusion you have experienced and that you feel the information I've provided you is misleading. But if you want to confirm the accuracy of the information I provided you, just check out this nationality chart, provided by the USCIS: http://www.uscis.gov/policymanual/PDF/NationalityChart2.pdf

As you can clearly see, it states that a child born out of wedlock, outside the US, to a US citizen mother, will be considered a US citizen if the "mother had one year of continuous physical presence in the U.S. or OLP at any time prior to child's birth" (emphasis added).

I can't explain why the Embassy gave you wrong or inaccurate information. Rest assured that you are not the only one who has dealt with an officer that either didn't know what they were talking about, wasn't specific enough or otherwise just didn't care to be more specific. They are not known for being very helpful, unfortunately.

Now in your case, there is good news here after all! As for the physical presence requirements, the information you've most recently provided me about how long you have lived in the US changes the outcome of this case completely. The physical presence requirement can be met while you are in the US in any status. With that in mind, your child can acquire citizenship - even if born abroad - since you fulfilled the continuous physical presence residence requirement during your long residence in the US.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7662
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank u so much now I fully understand everything and I'm happy I don't have to travel to acquire citizenship

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