US Citizenship Through Parents
A child born to a US citizen on a foreign can be conveyed to US citizenship. A term called derivative citizenship is also very prevalent among many foreign nationals. In this, the US citizenship can be given by grandparents to the parents and finally to the child.
The laws pertaining to the acquisition of US citizenship are very complicated. Many a time, amendments have been made in this.
Identify the applicable law.- Since many a time, amendments have been made in this, you should identify the latest change and that will be applicable to your child.
If both parents are US Citizen vs Single parent is a US citizen- Chances increases manifold if both parents are US citizens at the time of the child’s birth. If a single parent is the US citizen, then the process needs to be managed accordingly.
Child of a single US citizen parent must have sufficient physical presence in the US- Earlier it was easy and citizenship should be conveyed to the child if any of the parents was a US citizen and this was the only requirement. After 1934, it was made mandatory for the US citizen parent to reside in the US prior to child’s birth. But after, 1940 things have become way more tedious as the new law required US citizen parent to be physically present in the US for the set number of years after attaining a certain age.
Identify if a child lost citizenship due to retention requirement of the law- As already said after 1940 process became tedious as the retention element was introduced. It required the newborn of a single US citizen parent to be physically present in the US until he/she attains a certain age. If the criteria were not fulfilled the citizenship was revoked. Many lost citizenship due to this. However, after the 1978 Act, the element of retention was done away with but many newborns who lost citizenship due to this could not get it back despite many legal attempts