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Thread: help with derivative citizenship????

  1. #1
    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.

  2. #2
    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.

  3. #3
    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?
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> 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! </div></BLOCKQUOTE>

    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
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  5. #5
    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
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  6. #6
    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.

  7. #7
    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.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  8. #8

  9. #9
    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!

  10. #10
    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

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