Transmission of citizenship to children of US Citizen father

[sn7]

I am writing to inquire about transmission of US Citizenship to a child born in wedlock and outside of US to a US Citizen father and non-citizen mother. I am the US Citizen father and it has been approximately 3 years since I got citizenship. I see the following information at

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

A child born on or after November 14, 1986 will obtain citizenship if:

• The U.S. citizen parent was physically present in the United States or its territories for five years before the child’s birth. At least two of these years must be after age 14.

I have been present in the US (after the age of 14) for more than 5 years, but I have been in US as citizen for 3 years, not 5. I am not sure about the language above, does it imply I should have been in the US as a citizen for 5 years or my stay before becoming a citizen will count towards the 5 year requirement.

Any guidance here will be very helpful.

Thank you.

[newacct]

It's physical presence in the US in any status (or no status) before the child's birth. See 8 FAM 301.7-3.b(1):

(1) Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time;

[Agajkeshwar]

I see below information on USCIS site-

My husband has been US citizen since last 10-11yrs, my daughter is on Green card, so now is she already US citizen or she needs to apply N-400 to become US citizen? Please guide me.
Thanks!

[newacct]

I see below information on USCIS site-

My husband has been US citizen since last 10-11yrs, my daughter is on Green card, so now is she already US citizen or she needs to apply N-400 to become US citizen? Please guide me.
Thanks!

No. If she is already a US citizen, then she does not need to "apply to become a US citizen". You guys can simply apply for a US passport at any time. If you guys want, you can also file N-600 (not N-400) to get a "Certificate of Citizenship" for her. This is just applying for a certificate that says she was already a citizen; it is not "applying for citizenship" (since she already has citizenship). She is not required to have a Certificate of Citizenship. She does not need to have a Certificate of Citizenship before getting a US passport.

[Agajkeshwar]

I am sorry to ask this question again, but its not clear to me yet. So my case is my husband has been US citizen since 2014 and that time my daughter was 11 yrs old ( holding green card). She has been holding green card since 2009 and in between 4 yrs she was in India. But since 2019 she is in US, so as per above attached screenshot whether she is already US citizen or not? or she needs to apply for N-400(citizenship).

Is there any way to find out if she is already US citizen or not? Is the statement mentioned in the snapshot below is true?


Thanks!

[newacct]

I am sorry to ask this question again, but its not clear to me yet. So my case is my husband has been US citizen since 2014 and that time my daughter was 11 yrs old ( holding green card). She has been holding green card since 2009 and in between 4 yrs she was in India. But since 2019 she is in US, so as per above attached screenshot whether she is already US citizen or not? or she needs to apply for N-400(citizenship).

Is there any way to find out if she is already US citizen or not? Is the statement mentioned in the snapshot below is true?


Thanks!

If she was living in the US in the father's legal and physical custody while under 18, she is already a US citizen. She cannot apply for N-400.