Petitioner Jose Miguel Ramos-Hernandez (Ramos), who seeks in this proceeding to avoid deportation, was born in Mexico in 1939. His mother is a native-born American citizen, his father a Mexican national. He therefore became an American citizen at birth under § 1993 of the Revised Statutes, as amended by the Act of May 24, 1934 (48 Stat. 797).1
However, because only one of his parents is an American citizen, Ramos was required by statute to satisfy a residence requirement in order to retain his American citizenship. This requirement has been changed by Congress several times.2 The current, 1972, version of the Immigration and Nationality Act requires two years residence in the United States between the ages of fourteen and twenty-eight.3 Prior to the 1972 amendment the Act required five years of residence between the ages of fourteen and twenty-eight.
Ramos came to the United States in 1972 or 1973 at the age of thirty-two or thirty-three. Although it is unclear whether the 1952 or 1972 provision is applicable to him, Ramos had no United States residence before age twenty-eight and thus admits he has not satisfied the residence requirement of either statute.
