What is Roger's citizenship status, who was born after Roy and was legitimized by marriage?

• A. USC because he was legitimated
• B. Alien since his father’s residence was insufficient
• C. USC due to parallel circumstances with Roy
• D. Alien as he has never been to the U.S.

Answer: (B)

In this scenario, Roger's citizenship status is considered on the basis of legal and residency requirements. The correct perspective is that Roger, who was born after Roy, would be classified as an alien because his father's residence does not meet the criteria necessary for citizenship transmission. For a child to acquire citizenship from a parent, U.S. immigration law requires that the citizen parent must have a certain period of physical presence in the U.S. prior to the child's birth, and in this case, it is indicated that Roger's father's residency is insufficient.

When examining other options, even if Roger was legitimized by marriage, it does not automatically confer U.S. citizenship if the father’s residency requirements are not satisfied. This emphasizes that legitimacy through marriage alone cannot establish citizenship status without adherence to the necessary legal criteria concerning parental residency. Furthermore, the absence of prior direct parallels to Roy’s circumstances reiterates that individual residency status is crucial in determining citizenship rather than familial relationships or legitimization alone. Overall, Roger's situation underscores the importance of residency and legal requirements in conferring citizenship.