Hi all, I hope someone can help me. I am needing some immigration advise with regards to citizenship. I am 45 years old, born to an American mother and Canadian father in Canada in 1965. At time I was born my mother was told by immigration that I did not qualify for U.S. citizenship due to the fact that she (an American citizen living in Canada) had to have been 19 yrs of age before she left the U.S. to marry my father in 1957. The law read that she had to be 5 consecutive years past her 14th birthday in the U.S. in order for me to be an American by birth. Okay, I understand she didn't qualify, but on the other hand my grandparents, great grandparents, and great great grandparents on my mother's side were all Americans and had lived their lives out in the U.S. Can I claim derivative citizenship based on their citizenship???? By the way I have lived in the U.S. since 1975 as a permanent Resident Alien. Sorry you all had to read the ramblings! LOL Please let me know what your brilliant minds think.

Hi Janetlynn and welcome to ILW

May I ask if you have applied for Citizenship here before? Unless there are reasons, I am sure you could have filed years ago through the other way?

quote:

Oh, I forgot to add that I certainly have enough qualifiers to apply for citizenship at this point, but the money to apply is quite hefty at $675.00. So this is a huge factor, not to mention I feel there may have been a mistake made here as far as determination of citizenship. Thanks again!

I thought I'll add your post from the other thread here to make it easier for everyone to read

To answer or to add further information, you can click on the blue tab that says 'reply' on here (bottom right corner) or where you want to post and it will post to the thread you want to post in. Hope that helps

I must say that I have not heard of derivative Citizenship through grandparents or great grandparents before, usually it is parent, but maybe someone else may know more about that.

Edit: Yes after checking, there can be circumstances where your US Citizen parent who didn't meet the requirements but your Grandparent did, you can get derivative Citizenship that way. However there isn't much information about that.

Hopefully someone will come along and give you the details

This message has been edited. Last edited by: Sprint_girl07,

Thanks so much for replying to my post with regard to derivative citizenship based on my grandparents U.S. citizenship. I think this MAY be an option for me after reading immigration law. However, here is where it getss tricky, 1. there isn't much if any info on it, and 2. what do I do to claim it.

Yes, I could have applied for citizenship earlier, but in all honesty I've always felt a mistake was made with regard to my citizenship. For many years I was thinking immigration law would change to recognize this. However, in recent years and with research, I find that the new laws do not go retroactive with respect to 1964 (the year I was born). Ultimately, what I want is dual citizenship. Also, if I miss my guess this not only affects me, but it may affect my sister and her children as well.

The only thing I can find Janetlynn is derivative citizenship through a grandparent for minors, or in the case if the parent dies.

It is very complex. I am wondering if it will actually cost you some money in finding this out or seeking legal help to obtain it this way.

It may well be much simpler to obtain it the other way.

Good luck anyway. I understand why you are doing this, but it is rather complex without much info on it.

Hi Sprint how ya doing

Yeah Sprint, you are correct. It would be a lot easier to just apply for the citizenship. Personally, I feel it is a matter of birth right for me. You have to understand what its like growing up on a border town when one of your parents are American and the other is not. Only a river separates the countries with a half an hour's travel between where I was born and where I crossed over in the U.S. to live at the age of 10 years old. I know I've met all the requirements to become a citizen. I've certainly been here for over 30 years. I've even served in the U.S. military. Obtaining citizenship will not be a problem for me. Its that technicality that I believe is wrong on many levels. Too bad the years recent changes in the age requirement do not go retroactive. To you David, I do believe you've got your facts misplaced if your post about Canadians were directed toward me. Get your facts straight, my mother was the American and she was 18 years old. My parents were married for over 20 years. Life happens!

Thanks Sprint, I'll keep ya posted!

Sprint,

I have another question for you. I've been reading some immigration law that pretains to children who through either abandonment of the alien parent, or death of the alien parent, can derive citizenship through the other parent (in my case it would be the American parent) However, again in my case my mother did not meet the age requirement. She missed it by about 8mths. Anyway, Is this something that can go retro active 30 years later provided I produce a death certificate of my alien father? He died when I was about 15 years of age. It is again my intent to prove derivative citizenship based on my grandparents.

Thanks for all your help,

Jan

When researching, remember that you are looking for information about Acquisition of Citizenship, not Derivation of Citizenship.

You can acquire citizenship through grandparents but because your mom was actually born here and didn't herself acquire citizenship through her parents, I think you still have to go directly through her. Because it is acquisition of citizenship, they look at your situation at birth. In 1964, your mom had to have been here for five years after turning 14.

A good resource for this is http://web.cuny.edu/about/citi...shipforChildren.html and Attorney Carl Shusterman's website. Just look up acquisition of citizenship.

Oh Wow, you have no idea how helpful that this website was to me! I've been doing A LOT of case study research and I did find that even though my mother missed the age requirement by a few months, I may still qualify for citizenship based on the fact that my alien father died when I was 16. I was left in my mother's sole custody. I'm going to see an immigration attorney next week for a consultation and I'm going to print out the info on this website and bring it with. Thanks so much!

Okay, I have one more question to complicate matters. Hopefully someone can help me I am pursuing the Derivative citizenship for several reasons, but have already filed for Naturalization 3 months ago. My case was promptly placed on hold. I received a letter stating that it was placed on hold b/c a former letter was sent to me asking for certain documents and did not reply. Thats b/c I didn't rcv any letter, but try to communicate that to the people at the 1800 number with USCIS. All they can do is issue some statement that I did not rcv the letter. I've gone down to the local field office and they tell me they can't help me that I have to call the 1800 number, so I've been chasing my tail. I'm pretty sure my case is on hold b/c of my mother's American citizenship, but thats just a guess. Is there anything else I can do, any form I can file. I will see an attorney, but that is going to cost an amount of money I can't afford.

If I understand you correctly, you were born in the year 1964. in Canada. at that time the Law were totaly defferent and the US citizen Parents must have lived in United States for the period of 10 years five after the age of 14years.
What you are talking about is the new law which has been changed in Nov. 1986 which required five years to transmit the citizenship to the child born abroad...which is not applicable in your case.
At the time of birth you US Citizen parents should have register you birth with the U.S. Mission in Canada...in 1964...
She would have to fill out Affidavit of Physical Present in U.S. since she had moved to Canada..
her U.S. Passpor/Birth Certifiacte and Marriage Certificate along with the abouve affidavet...but since she has not done.
If your mother is in US she can still file the Affidavite of her Phycial Present in U.S. to show since her birth she was in U.S. she might have to present her school records to prove that she was in US. for the time required to transmited the Citizeanship.to the child boran abroad..
You case will not fall under the new law of November 1986.
I am surprise to see that USCIS had issued you an Legal Permanent Alien Card(I-551) Also known as Green Card..
This is lack of knowledge of the Immigration Department and you have to pay for it....

If you give me or answer my question I will tell you waht you should do to get your Citizenship...
1---Date of Bith of your mother.......?
Date of Marraige of your Mother.......?
When first time she moved out of U.S. that must be after her marraige...mostly it happen
I can tell you that you do not need to go through all this...you can get a Citizenship Certificate eight away...
In this type of case you should contact the Sate Department Consular Affairs, at Washington, D>c.

Hi FSN, yeah my mother went to register me with the US consulate in Canada after I was born and they told her I was not eligible to be considered a U.S. citizen b/c she didn't make the minimum age requirement and/or hadn't lived the required 5 years after her 14th birthday in the U.S. before she moved to Canada. She was borning in March of 1939 and married my father in May of 1957 and then moved to Canada. She filed an intent form or letter with the U.S. border and/or Canada before doing so. Before she married she maintained her own residence independent of her parents and also held down a job as she had to vacate her parent's home due to family problems. She returned to the U.S. in 1975 with me and my father. Shortly thereafter they were divorced and a few years later he stopped paying child support and fled the country back to Canada to avoid being prosecuted for nonpayment. One year later he died when I was 16 years old. I am thinking there should be a cause here due to the abandonment or death at least. As I was saying, I filed for citizenship finally after giving up waiting and hoping the laws would change and affect me. I paid $675.00 and they have promptly suspended my application, but haven't given me any reason. They say theyve sent me a letter asking for more information, but I never rcvd it, so I don't know what to send or where to send it. Its been a month and half now. I will call the state dept, but I have an appt with an immigration attorney this week. I really donn't know if seeing an attorney is going to yield anything positive. I just have had no luck at all with the local field office or the 1800 USCIS telephone number. I have scheduled a infopass appt, but won't hold my breath, as they've already told me once when I inquired at the local field office that they don't have any access to my application and all I can do is call the 1800 #.

Hi FSN, yeah my mother told me this week she still has a copy of that avidavit she filed notifying the govt she was marrying a Canadian and moving to canada. I'm going to get it from her.

Well I am trying to locate my papers, INS, and 7 FAM.
First time the FAM was changed if I am correct was in 1982/83 untill that years we have the old one I wish I have a copy of that...Just hangon for few days. How much you are paying the Attorney...for this services....?

Hi FSN,

Its a $60.00 consult. Most of them charge $250 an hour. Yikes!!!! I'm not sure where I'll find the monies.

Hi FSN,

I wrote to the state dept telling them that I thought there may have been a mistake regarding my citizenship back in 1964. Please read the response they sent me;

If you were born in Canada in 1964 to a Canadian father and an American mother, you acquired U.S. citizenship at birth pursuant to the former Section 301(a)(7) of the Immigration and Nationality Act if you can demonstrate that your mother had been physically present in the United States for ten years prior to your birth, at least five of which were after she had reached the age of 14. Unfortunately, the law is rather precise on this point. If your mother lacks the requisite physical presence by a few months, as you suggest, you regretfully do not have a claim to U.S. citizenship.

You said your mother left to get married at the age of 19 years, then she has already completed her 5 years after the age of 14 ...
That's the way they should do the table...
You will have to work on this very hard...most of the peoples do not understand. this law...
Until unless you have a physical Presence form before you and you can start working right from her date of birth to the date she moved to Canada.
There should be another part of that Physical Presence lived abroad. If she had visited every year one/two months even then she must have completed her time to transmit the Citizenship to you ....some one need to work on that to see how she is doing her time....
When you say she moved at 19 then what is the problem....?
On the top of that she might be visiting her parents every time....you do need her all the old passports and dates...from your mother...