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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28833
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith: I am a US citizen (became natrualized in 2004,

Customer Question

Hi Judith:
I am a US citizen (became natrualized in 2004, 1996-2004:green card, ). I have been living in the US from 1997 to 2009. Currently, i am living in Shanghai, China. I got married and am expecting a girl in 1 month. Her mother is Chinese nationals. Can my daughter become US citizen by birth? Thank you Jeffery
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 10 months ago.

Thank you for requesting me.

With giving me just the years I cannot tell if you have a full 5 years as a US citizen RESIDING in the US.

You naturalized in 2004 and left in 2009. It could be 5 years depending on the date you naturalized and the date you departed.

Please give me those dates so I can tell if you can transmit your citizenship to the child without having to first petition the child for permanent resident status and then have the child enter the US as a resident and then apply for citizenship.

https://www.uscis.gov/sites/default/files/files/pressrelease/ChildCitizenshipAct_120100.pdf

You have not given me specific enough dates to be able to tell you what process you need to take to have the child become a citizen. One way or the other the child is eligible.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Judith

Customer: replied 10 months ago.
hi Judith,
I got my password ***** 2004 May, I left US to work in China during August 2009. I did travel outside of US several times from 2004 to 2009, so full fives years maybe hard to fulfil ( i have to check each oversea trips duration from 2004 to 2009).
My question is that does the five year presence period include my years in the US while holding a green card and time spent during my nautralizaton process. ( i have completed my high school and college in the US thats way over 5 years from 1996 to 2004)
thanksjs
Customer: replied 10 months ago.
password=passport haha sorry
Expert:  Judith Ludwic replied 10 months ago.

No your years as a permanent resident do not count towards the physical presence as a US citizen.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

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