By memory back then when we talked of it here there is also a residency requirement of the mother. I thought there was a post saying the mother had to have spent at least one continuous year in the US in the five years before the child was born. Thought of it this morning, after some of that fun thing called sleep.
I can't pin it down as none of those i find now mention the italicized bit above. My latest here
U.S. Citizenship Acquired by Birth Abroad
Written by Henry J. Chang
[...]
The 1940 Statute became effective on January 13, 1941. The 1940 Statute defined the meaning of residence as the general place of abode. Although this did not necessarily require the establishment of a domicile or place of permanent residence, it contemplated the establishment of an actual principal dwelling place.
The 1940 Statute also provided for more stringent requirements for prior residence where, at the time of the child's birth, one of the parents was a U.S. citizen and the other was an alien. On or after January 13, 1941, in the case of a child born to a U.S. citizen parent and an alien parent, the U.S. citizen parent had to have resided in the United States or its outlying possessions for 10 years, at least 5 of which were after attaining the age of 16 years in order to transmit U.S. citizenship to the child.
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