If a child was born outside the U.S. on October 19, 1996, how long must the U.S. citizen parent have been physically present in the U.S. to transmit citizenship?

• A. 5 years, 2 years after age 14
• B. 10 years, 5 years after age 14
• C. 5 years, 2 years after age 16
• D. 10 years, 5 years after age 16

Answer: (A)

To determine the correct answer regarding the transmission of U.S. citizenship to a child born outside the U.S., it is essential to consider the laws in effect at the time of the child’s birth. The Immigration and Nationality Act (INA) outlines the requirements for transmitting citizenship, which includes criteria about the duration of physical presence of the U.S. citizen parent in the U.S. prior to the child's birth.

In this scenario, the child was born on October 19, 1996. The relevant law states that if one parent is a U.S. citizen and the child is born outside of the U.S., the U.S. citizen parent must have been physically present in the U.S. for a certain period before the child's birth to transmit citizenship. For a child born between certain dates, including the time in question, the requirement is that the U.S. citizen parent must have been physically present for a total of 5 years, with at least 2 of those years occurring after the parent turned 14.

This requirement aligns precisely with the first choice. The fact that the parent must have been present for at least 5 years, which includes 2 years after the age of 14, fulfills the legal criteria set out in