PERIOD
STEP 1 |
PARENTS
STEP 2 |
USC PARENT
STEP 3 |
CHILD
STEP 4 |
| Period in which child was born.
|
Citizenship of the parents at
time of child’s birth. |
Determine if residence requirement was met prior
to the birth of the child. If yes, the child was a
USC at birth. |
Determine if child has lost U.S. citizenship.
The child lost on the date it became impossible to
meet the retention requirements. |
Prior to
5/24/34 |
Either parent a USC* |
U.S. citizen had resided in the U.S. |
NONE |
| On/after 5/24/34 and prior to
1/13/41 |
Both USCs |
One parent had resided in the U.S. |
NONE |
|
One USC and one alien |
USC parent had resided in the U.S. |
** 5 years residence in the U.S. or its OLP
between ages 13 and 21. (Must start before age 16.)
|
| On/after 1/13/41 and prior to
12/24/52 |
One USC and one alien |
USC had resided in the U.S. or OLP for 10 years,
at least 5 of which were after age 16. EXCEPTIONS
for honorable service in U.S. Armed Forces: 1.
Between 12/7/41 & 12/31/46, 5 of the required 10
years must have been after age 12. 2. Between 1/1/47
& 12/24/52, 10 years physical presence, at least 5
of which were after age 14. Note 3 |
OR ** 2 years continuous physical presence in
U.S. between ages of 14 and 28. (Must start before
age 26.) OR ** NONE, if at time of child's birth,
USC parent was employed by the U.S. Government or a
specified U.S. organization . does not apply if
parent used an exception. Notes 1, 2, 4 |
|
Both USCs |
One had resided in the U.S. or OLP Note 3 |
NONE |
| On/after 12/24/52 and prior to
11/14/86 |
Both USCs |
One had resided in the U.S. or OLP Note 3 |
NONE |
|
One USC and one alien |
USC physically present in U.S. or OLP 10 years,
at least 5 after age 14. Note 3 |
NONE |
| On/after 11/14/86 |
Both USCs |
One had resided in the U.S. or OLP Note 3 |
NONE |
|
One USC and one alien |
USC physically present in U.S. or OLP 5 years,
at least 2 after the age of 14. Note 3 |
NONE |
NOTES:
1. Absence of less than 12 months in the aggregate will not
break residence; absence of less than 60 days in the
aggregate will not break continuity of physical presence.
Honorable service in the U.S. Armed Forces counts as
residence or physical presence.
2. A child is relieved from the retention requirements if,
prior to his 18th birthday, the child begins to reside
permanently in the U.S. and the alien parent naturalizes.
3. Includes periods spent abroad while employed by the U.S.
government or an international organization OR as the
dependent unmarried son or daughter member of the household
of such employee.
4. Public Law 95-432 of October 10, 1978 repealed retention
requirements prospectively only. Anyone born on or after
10/11/52 (i.e., not age 26 on 10/10/78) no longer had
retention requirements.
* Mother added because of Technical Amendments of 1994.
** Retention requirements were repealed because of Technical
Amendments of 1994, which made a process available for
restoration.