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Basically I believe I have a claim to US citizenship through my mother who lived in the US for at least 5 years prior to my birth etc etc etc... However, for a portion of time she was living (as a minor) in England where her father was stationed in the Air Force...
So does this time spent in England count as US presence due to her father being deployed to the UK?
Section 322: Children Born and Residing Outside of the United States; Conditions for Acquiring Certificate of Citizenship
Another section of the Child Citizenship Act provides that children (biological or adopted) of U.S. citizens who are born and reside abroad, and who do not become U.S. citizens at birth can apply to the Bureau of Citizenship and Immigration Services for a Certificate of Citizenship if the following conditions are met.
At least one parent of the child is a U.S. citizen by birth or naturalization;
The U.S. citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents can meet it.
The child is under the age of eighteen;.
The child lives abroad in the legal and physical custody of the U.S. citizen parent and has been lawfully admitted into the United States as a nonimmigrant.
If the child is an orphan, the adoption must be finalized.
Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the Bureau of Citizenship and Immigration Services for a Certificate of Citizenship by completing form N-600K and remitting the necessary filing fee. The form may be submitted to any field office of the Bureau of Citizenship and Immigration Services and may be obtained by going to www.uscis.gov/portal/site/uscis/menuitem and entering N-600K in the search box.
I say 'go for it'. Though the 'child' part might be a problem.
Quote:
A child living abroad is eligible to become a US citizen under Section 322 if s/he
To be eligible for a Certificate of Citizenship, you must be able to claim U.S. citizenship through your parents. You must qualify for one of the below four categories to file Form N-600, Application for Certificate of Citizenship.
4. If you are the biological child of a U.S. citizen, were born abroad, and are claiming citizenship by having been born to U.S. citizen parent(s), then you are automatically citizen if:
Both of your parents are U.S. citizens and at least of your parents had residence in the United States or one of its outlying possessions before you were born; or
One of your parents is a U.S. citizen (the other is neither a U.S. citizen) and he/she had been physically present in the United States or one of its outlying possessions for a period of at least five years (this does not have to be consecutive). Two years of this residence must have taken place after the citizen parent was 14 years old.
As I recall, the New York Times in 2008 tried to question whether Senator John McCain could be a Presidential candidate -because he was born in the Panama Canal Zone, and they were severely criticized.
As I recall, the New York Times in 2008 tried to question whether Senator John McCain could be a Presidential candidate -because he was born in the Panama Canal Zone, and they were severely criticized.
I wouldn't be surprised if those same people who criticized the NY Times were Birthers...
I think I read that article and it wasn't the Times that questioned whether McCain was eligible, but that they were running a story about others who questioned his eligibility.
Either way, there was already a court case that decided McCain's specific circumstances, so he was clearly eligible.
As a general rule, any person in the USA who is in the armed forces is considered to be a resident of his home state, regardless of where is military duty might send him, inside or outside the USA. For example, if you are from Chicago, and stationed in North Carolina, you can legally drive your Illinois-plated car with your Illinois drivers license anywhere in the USA, as your movement under military orders do not affect your entitlement to legal residence in Illinois. North Carollina does not deem you to be a resident of that state, although you may choose to be a NC resident while stationed there if you wish.
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