State Laws
Citizenship through parents
      
Generally, a child born abroad to a U.S. citizen is granted citizenship. However, the laws of US citizenship at birth are very complex, and are changed periodically by Congress.

To decide if someone was granted citizenship at birth, there are several steps to consider. First, the appropriate law must be established. Since the laws frequently change, the laws that apply are the latest ones prior to the birth date of the child. For example, the laws passed in 1940 would apply to someone born in 1949.

The next step is to determine if one or both parents were US citizens at the time of the birth. If both parents were citizens, the child more than likely acquired citizenship at birth. If only one parent was a citizen, it must be established whether that parent had sufficient residence or physical presence in the US prior to the child's birth.

Finally, it must be determined if the child lost citizenship by failing to meet the retention requirements of the law. This means that children born abroad who receive citizenship at birth with one citizen parent are required to live physically in the US before reaching a specified age. If the child didn't, she or he could lose citizenship. This retention law has been eliminated, but people that have lost their citizenship in this way usually can't have citizenship status reinstated.

An immigration defense lawyer in your area can give you more information about citizenship.

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