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Transmission of Citizenship Under the International Organizations Immunities Act

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  • 12-10-2010, 11:57 AM
    funsunshine
    Transmission of Citizenship Under the International Organizations Immunities Act
    This is a complex, specific question and may not belong here exactly. Please guide my inquiry as necessary and sorry for any inconvenience caused. Any assistance or referral elsewhere is greatly appreciated.

    USCIS response was that only an adjudicating officer could answer my question upon application. I'm hopeful someone here has some better insight.

    For a US citizen parent of a child born abroad transmission of citizenship is automatic at birth if certain residency requirements are met (as well as other criteria). The INA as cited below suggests period of employment with an international organization counts to meet the requirements of residency. My question is this: How do I determine the actual positions of employment that meet the definition of section 1 of the International Organizations Immunities Act? For example: If the US and Canada under a treaty formed a commission to build a project for both Countries benefit, and a US citizen was employed in Canada by a local city department contracted by the commission to perform the work required by the treaty, is that employment considered qualifying to be counted as employed with an international organization or would only employment within the commission be qualifying?

    INA Act 301
    Section g

    (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
  • 12-10-2010, 09:18 PM
    Mr. Knowitall
    Re: Transmission of Citizenship - Whats Employment with an International Organization
    See 22 USC § 288 and the notes from the statute.
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