[lodi90]

I don’t get this part. Gregg had citizenship from birth, so what’s with the five year requirement?

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There are still some old school immigration rules on the books. I believe the kid has to spend time in the US before age 25 (?) or the child risks losing citizenship.

[Svartalfiar]

There are still some old school immigration rules on the books. I believe the kid has to spend time in the US before age 25 (?) or the child risks losing citizenship.

Yea, if you read woodpusher's post #66, he's got the code posted. The actual text requires physical presence for a total of five years after age 14, not just the preceding five years, for a single parent if the other is an alien. So if Gregg never lived in these US earlier, and has only been here a year or two, he doesn't give the kid automatic citizenship.

They can still naturalize the kid, and it should be pretty easy, but it looks like the judge is likely wrong, legally.