Monday, November 26, 2012

Laws Regarding Inheriting US Citizenship If You Were Born Between May 25, 1934 to December 23, 1952


In many situations, even though a child is born outside the US, if at least one parent was a US citizen at the time of the child's birth, the child automatically obtains US citizenship. The laws governing whether or not a child born outside US boundaries obtains US citizenship from his or her parents have been altered several times. The Law that was in effect on the date of the child's birth governs whether the child obtains US citizenship from a parent or grandparent.

In this article I go over the laws that apply to you if you were born between, May 25 1934 to December 23, 1952

Birth between May 25, 1934, and January 12, 1941

If you were born between May 25, 1934, and January 12, 1941, you obtained US citizenship at birth if both your parents were US citizens and at least one had lived in the US prior to your birth. The law at this time placed no additional conditions on retaining US citizenship obtained in this way.

You could also get US citizenship if only one of your parents was a US citizen, as long as that parent had a prior US residence. If your US citizenship came from one parent, you too would have been required to reside in the US for at least two years between the ages of 14 and 28 in order to keep the citizenship you got at birth. Alternatively, you could retain citizenship if your non-citizen parent naturalized before you tuned 18. Otherwise your citizenship would be lost.

Birth between January 13, 1941 and December 23, 1952

If you were born between January 13, 1941 and December 23, 1952 and both your parents were US citizens and at least one had a prior residence in the US you automatically obtained US citizenship at birth with no conditions to keeping it.

If only one parent was a US citizen, that parent must have lived in the US for at least ten years prior to your birth, and at least five years of those years must have been after that parent reached the age of 16.

With a qualified parent, you then obtained US citizenship at birth, but with conditions for retaining it. To keep your citizenship, you must have lived in the US for at least two years between the ages of 14 and 28. Alternatively, you could retain citizenship if your non-citizen parent naturalized before you turned 18 and you began living in the US permanently before the age of 18. As a result of a US Supreme Court decision, if you were born after October 9, 1952, your parent still had to fulfill the residence requirement in order to pass citizenship on to you, but your residence requirements for retaining US citizenship were abolished - you need not have lived in the US at all.

If your one US citizen parent was your father and your birth was illegitimate, the same rules applied provided that you were acknowledged before the age of 21 and you were unmarried at the time of acknowledgement.

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