Sample Questions from The Citizenship Flowchart

Excerpted from The Citizenship Flowchart

By Robert J. McWhirter

Was the child born between 1/13/41 and 12/24/52?

If yes, did a USC parent live in the US or a possession for 10 years before the child's birth, at least 5 after age 16, OR was USC parent in the military from 12/7/41 to 12/31/46 and lived in US or possession 10 years before child's birth, 5 after age 12, OR was USC parent in the military from 1/1/47 to 12/24/52 and physically present in US or possession 10 years before the child's birth, 5 after age 14?

If yes, did the child retain citizenship by any of the following? Being born before 12/24/36 and having 5 years US residence between ages 13-21 if begun before 12/24/52, OR being continuously physically present in US for 2 years between ages 14 and 28 (with absences totaling only 60 days), OR being continuously physically present in US for 5 years between ages 14 and 28 (with absences totaling only 1 year) if begun before 10/27/72, OR having a US government employee parent, OR restoring citizenship with oath of allegiance.

If the client answers yes to any of these five conditions, he is a US citizen.

Was the child born on or after 12/24/52?

If yes, was USC parent "physically present" in US or possession for 10 years before child's birth, 5 after parent was 14, OR if child was born after 11/14/86, was parent physically present in US or possession for 5 years before child's birth, 2 after the parent was 14?

If the client answers yes to either of these two conditions, he is a US citizen.


Sponsoring Entity:

The ABA Criminal Justice Section
The ABA Criminal Justice Section

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