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  • derivative citizenship

    I have been researching about this topic for quite a while now. I am trying to help my dad file a petition for my half brother so he can come here in the US. My dad told me about this derivative citizenship and that is why I am trying to find out if this is applicable to my half brother. Here is some background information on my family. My father's grandfather was born in Chicago, IL in 1878. he joined the Army during the Spanish American War and was assigned in the Philippines. There, he got married and had a daughter. His daughter was born in 1913. My dad's mom got married to a Filipino and had four children all of them were born in the Philippines. My grandmother was given a US passport in 1945. My dad got his greencard through marriage with his first wife. This was mid 1950's. He didn't apply for his US citizenship up to now. My dad wants to file a petition for my half brother but my half brother is over 18 and already married. My dad said that he can use the derivative citizenship since his mom is a US citizen by birth. Do we need to file for my father's US citizenship first before we could file for my half brother? or can we use N600 for my half brother? thanks.

  • #2
    I have been researching about this topic for quite a while now. I am trying to help my dad file a petition for my half brother so he can come here in the US. My dad told me about this derivative citizenship and that is why I am trying to find out if this is applicable to my half brother. Here is some background information on my family. My father's grandfather was born in Chicago, IL in 1878. he joined the Army during the Spanish American War and was assigned in the Philippines. There, he got married and had a daughter. His daughter was born in 1913. My dad's mom got married to a Filipino and had four children all of them were born in the Philippines. My grandmother was given a US passport in 1945. My dad got his greencard through marriage with his first wife. This was mid 1950's. He didn't apply for his US citizenship up to now. My dad wants to file a petition for my half brother but my half brother is over 18 and already married. My dad said that he can use the derivative citizenship since his mom is a US citizen by birth. Do we need to file for my father's US citizenship first before we could file for my half brother? or can we use N600 for my half brother? thanks.

    Comment


    • #3
      Probably not. Your father's mother probably would have needed to actually live in the U.S. for several years before she became an adult in order to be able to pass her citizenship to her children, including your father. If she had done that, your father wouldn't have needed a green card--he would have been a U.S. citizen already. He could then have sponsored your brother as such.

      Your best bet--check the law on foreign-born children of U.S. citizens acquiring citizenship THAT WAS IN EFFECT AT THE TIME OF YOUR FATHER'S BIRTH (and possibly your grandmother's).

      Comment


      • #4
        I read somewhere that if she had taveled or visited the US even just for days it would work. My dad said that she had been in the US with her dad when she was young, several times actually. But I couldn't find any documnets supporting that. Living /residing in a US territory doesn't apply to this?

        Comment


        • #5
          I believe the law as it stands now would require her to have lived here for several YEARS. Even then, it's your father who would have benefited from this, and HE would be the one who would have been eligible for U.S. citizenship based on it, not her grandson.

          Whether residence in a U.S. territory counts as residence in the U.S. for citizenship purposes is an interesting question you should check into further. But again, it would be your FATHER who would have to be able to claim citizenship based on the laws at the time he was born. And he in turn would probably have had to reside in the U.S. for several years before reaching adulthood.

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          • #6
            from another website:

            Under the current law, if both parents are US citizens and are married, then the child is a US citizen if either parent had a "residence" in the US at any time in his or her life prior to the child's birth. There is no specific minimum period of time in the law for how long a parent must have been in the US in order for his/her status to be accepted as having been "residence" in the US.

            If one parent is a US citizen, and the other is not, and the parents are married, then the current law says the child is a US citizen if the American parent was physically present in the US for one or more periods of time totalling at least five years, at some time or times in his or her life prior to (but not necessarily immediately prior to) the child's birth. Additionally, at least two years out the required five years of physical presence must have taken place after the parent's 14th birthday; thus, for example, a parent who was born and grew up in the US, but who left before reaching age 16 and never returned, doesn't meet the requirement.

            Prior to 14 November 1986, the physical presence requirement in this case was ten years (instead of five) -- including five years (instead of two) spent after the parent's 14th birthday. The requirement was reduced in 1986, but the change did not retroactively make US citizenship available to people born previously who did not meet the old requirement. (Congress's intent not to make this change retroactive was affirmed in 1988 with the passage of Public Law 100-525, § 8(d), 102 Stat. 2619).

            Note that physical presence does not require residence in the US. Time spent on vacation in the US may be counted toward the five-year total. Indeed, Americans living abroad with foreign-born children would be well advised to keep track of the exact dates of each trip the children make to the US, in case the question of a grandchild's US citizenship should arise sometime in the future. After we moved back to the US from Canada, I wrote up an affidavit detailing all the times each of my two children had been in the US; I signed it under oath before a notary, sealed it in an envelope, and have filed it with our important documents for possible future use. I plan to redo each child's affidavit after his/her 16th birthday.

            If a non-US-born child's parents are not married, the child's claim to US citizenship depends on whether the American parent is the mother or the father. Section 309 of the INA [8 USC § 1409] grants US citizenship at birth to an "illegitimate" child if his/her American mother had previously spent at least one continuous full year in the US. If the child's American parent is his/her father, however, the child has US citizenship at birth only if the father's paternity is formally established and the father agrees in writing to support the child financially. This ***-based disparity was upheld by the Supreme Court in 2001 (Nguyen v. INS).

            It is important to note that a foreign-born child whose parents have fulfilled the residency or physical presence requirements is a US citizen by birth. This citizenship is automatic; it is not dependent on the parents' registering the child with a US consulate (though such registration is strongly encouraged) or getting the child a US passport.

            You may also want to have a look at the document at this link:
            http://foia.state.gov/masterdocs/07fam/07m1130.pdf#sear...for%20citizenship%22

            It contains references to older laws. The wording of some of these requires residence in the United States and says nothing about territories. I'm not a lawyer, but I'd guess that if these laws apply, residence in a territory wouldn't count.

            Comment


            • #7
              I was trying to open the subject document as refer by AliBA:

              Was unable to do so.
              If you refer to 7FAM 1100 you will find the information you are looking for.

              If I am correct your case comes under the unawereness your father was not awere of his citizenship, though he might be a citizen. this needs all kind of documentary evidenc to proof that relationship. if you have then it will take some time the US Embassy will have to send all the documents to washington,dc for approval. and will take about three months to get the response. Many Filipino had claimed US Citizenship. best of luck.

              Comment


              • #8
                Thanks for the info AliBA & Adam. Its just hard to understand all those things written in that article. Do you know any lawyer who specializes in this kind of citizenship? I have talked to several lawyers about this and to tell you frankly most of them doesn't know about this. Some are charging us about $10k for research and lawyers' fees. I just want to know more about it and also find out if there are any lawyers who specialize in this area so that I'll know what to do next.

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