U.S. CITIZENSHIP ACQUIRED BY BIRTH ABROAD
On December 24, 1952, the Immigration and Nationality Act of 1952 (the "1952 Statute") became effective. As under the previous statute, where both parents were U.S. citizens, one parent would have to have resided in the United States prior to the child's birth in order to transmit U.S. citizenship. The meaning of residence previously applied under the 1940 Statute was essentially the same as under the 1952 Statute.
In the case of a child born to one U.S. citizen parent and one alien parent, the U.S. citizen parent now had only to be physically present in the United States or its outlying possessions prior to the child's birth for 10 years, at least 5 of which were after the age of 14. "Physical presence" was different from the concept of "residence" which had applied under the previous statute. The physical presence requirement could be satisfied by mere presence in the United States even if the person had not established a legal residence there.
The physical presence requirement was intended to preclude extended absences from the United States during the required period. However, it was found to be too restrictive. In 1966, Congress passed an amendment which, for children born on or after December 24, 1952, permitted the transmitting U.S. citizen parent to count presence abroad in the following capacities towards the physical presence requirement:
honorable service in the United States Armed Forces;
employment by the United States Government;
employment by an international organization with which the United States is associated; or
physical presence abroad as a dependent unmarried son or daughter and a member of the household of a person employed in one of the above categories.
