Hello, I’m Vaughan de Kirby. Today I’m going to talk about what can be a complex subject that sometimes comes up in EB-5, and that’s the birth of a child to a naturalized parent.
In EB-5, you know that after 5 years, you qualify for American citizenship and you can become a citizen through naturalization. Now, we know that a child physically born in the United States is a citizen by birth. But what happens if that child is born to a non-citizen, non-green card-holder in China where the parent is a citizen by virtue of naturalization?
Now this is something that you should discuss directly with you immigration attorney because, like I say, it can get complex. But simply stated, there is a residency requirement. The naturalized parent must show that they were in the United States for a period of five years; that’s physical presence in the United States. Now, they include in that period the time when you were a green card holder, and oddly enough, they also will include the genetic grandparent if in fact they are residing in the United States
So this can, again, be a complex subject, so make sure you review it with your immigration attorney, but know that your residency in the United States, your physical presence as a naturalized citizen, is an important factor in whether you child born in a foreign jurisdiction receives citizenship in the United States. I know this is complex and I know it’s confusing. Make sure you discuss it with your attorney.