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Posted

Question is as follows:

Child born overseas to two US citizen parents. Neither parent had a prior residence in the US, but one spent 2 years studying in the US.

Is studying in the US considered "maintaining a residence"?

Page 35-38 of http://www.state.gov/documents/organization/86757.pdf is the closest I found to an answer, but doesn't clarify completely the situation.

Thanks

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Posted

Question is as follows:

Child born overseas to two US citizen parents. Neither parent had a prior residence in the US, but one spent 2 years studying in the US.

Is studying in the US considered "maintaining a residence"?

Page 35-38 of http://www.state.gov/documents/organization/86757.pdf is the closest I found to an answer, but doesn't clarify completely the situation.

Thanks

If one of the parents only lived in the US for two years, the child does not get automatic citizenship.

Here is the answer:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

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Posted

If one of the parents only lived in the US for two years, the child does not get automatic citizenship.

Here is the answer:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

I think you're wrong. There is no minimum time if both parents are US citizens. The 5 year rule is if only 1 parent is a US citizen.

 
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