Under current law, a child born abroad to a U.S. citizen father and alien mother where the parents are unmarried derives citizenship at birth through the U.S. citizen father only if several conditions set forth in INA 309 are satisfied:
A blood relationship between the child and the father is established by clear and convincing evidence; The child's father was a U.S. citizen at the time of the child's birth; The child's father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; andOne of the following criteria is met before the child turns 18 years of age:(1) The child is legitimated under the law of his or her residence or domicile; (2) the father acknowledges in writing and under oath the paternity of the child; or (3) The paternity of the child is established by adjudication of a competent court.
Additionally, the father must satisfy the same physical residence requirements that he would have to satisfy if he was married to the child's alien mother. Thus, for all births on or after November 14, 1986, the fathermust have accrued at least five years of physical presence in the United States, with two of those years coming after the age of 14. For all births occurring on or after December 24, 1952, but prior to November 14, 1986, the physical presence requirement for the U.S. citizen parent is 10 years, with5 of which having occurred after the parent turned 14.
这种情况下，5年physics residence requirement这种情况符合吗：孩子出生前5年 citizen father都在美国实际居住，然而father的naturalization到孩子出生只有1年 ，这种情况满足符合移民法中的5年citizen father US residence的要求呢？
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;
【 在 fakeshawn (spoon!) 的大作中提到: 】 : 满足。任何身份（或没有身份）在美国的时间都算physical presence。 : https://fam.state.gov/FAM/08FAM/08FAM030107.html#M301_7_3_B : 8 FAM 301.7-3(B)(a)(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;
请板上移民法大神赐教
Under current law, a child born abroad to a U.S. citizen father and alien
mother where the parents are unmarried derives citizenship at birth through the U.S. citizen father only if several conditions set forth in INA 309 are
satisfied:
A blood relationship between the child and the father is established by
clear and convincing evidence;
The child's father was a U.S. citizen at the time of the child's birth;
The child's father (unless deceased) has agreed in writing to provide
financial support for the child until the child reaches 18 years of age; andOne of the following criteria is met before the child turns 18 years of age:(1) The child is legitimated under the law of his or her residence or
domicile; (2) the father acknowledges in writing and under oath the
paternity of the child; or (3) The paternity of the child is established by
adjudication of a competent court.
Additionally, the father must satisfy the same physical residence
requirements that he would have to satisfy if he was married to the child's
alien mother. Thus, for all births on or after November 14, 1986, the fathermust have accrued at least five years of physical presence in the United
States, with two of those years coming after the age of 14. For all births
occurring on or after December 24, 1952, but prior to November 14, 1986, the physical presence requirement for the U.S. citizen parent is 10 years, with5 of which having occurred after the parent turned 14.
这种情况下，5年physics residence requirement这种情况符合吗：孩子出生前5年
citizen father都在美国实际居住，然而father的naturalization到孩子出生只有1年
，这种情况满足符合移民法中的5年citizen father US residence的要求呢？
谢谢大神！
花钱找个律师问问？
满足。任何身份（或没有身份）在美国的时间都算physical presence。
https://fam.state.gov/FAM/08FAM/08FAM030107.html#M301_7_3_B
8 FAM 301.7-3(B)(a)(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;
谢谢fakeshawn大神 还有个私人一点的问题请查站内信
【 在 fakeshawn (spoon!) 的大作中提到: 】
: 满足。任何身份（或没有身份）在美国的时间都算physical presence。
: https://fam.state.gov/FAM/08FAM/08FAM030107.html#M301_7_3_B
: 8 FAM 301.7-3(B)(a)(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;