The answer to this is question is maybe.  Basically, the laws regarding derivative citizenship are the same for children regardless of whether their parents served in the military.  See prior FAQ for the general requirements. There is one favorable provision of law afforded to servicemen.  Under INA section 301(g), a U.S. citizen parent’s time spent outside of the U.S. while serving honorably in the armed forces may be counted toward the U.S. physical presence requirement for derivative citizenship under that statute.  Bearing that exception in mind, the law provides that the following shall be a national and citizen at birth:

“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 . . . .”

Should you have any questions regarding your immigration status, please contact the experienced immigration attorneys of Smith & Garg at 562-590-7300 or call our toll-free number at 877-517-4275.  You can also submit an inquiry through our Long Beach Immigration Online Inquiry.