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DERIVATIVE CLAIM TO CITIZENSHIP ( for adult ) need help!

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I don't know on what forum should i post this, but does anyone here have a experience or know anything about the possibility of derivative claim to citizenship for adult?

My mom was born March 24, 1946 to an American soldier ( during WW2) father and a Filipina mom ( by the way my grandma got pregnant when she was 16 years old ). My mom will be turning 69 yrs old this month.

To cut the story short, it was just 4years ago when me and my mom applied for a tourist visa, the consul saw that the father on my mom's birth certificate is an American, that's when he ask my mom why she's not applying for her American passport, that's the only time we knew something about derivative claim.

She went to the states to meet her half siblings and they accepted her has their sister and was told that their father ( deceased ) have been trying to locate her ever since she was a child but due to the distance it's next to impossible. She's the eldest among her siblings.

They gathered all the documents that the immigration require forms, affidavits etc. The immigration officer in Florida says she has to go back to the Philippines for her interview bec that's where they will review her case.

She got denied in the Embassy of the United States in Manila, the CO told her they only process child of an American citizen and that she's TOO OLD TO APPLY. But aren't she's a child of her father regardless of how old she is.

Physical presence, legitimation and blood relationship are all well established, in fact my mom's half sister even say if the embassy needs a DNA Test they are willing to dig out the grave of their father.

"Applicants 18 years old and over, born outside the United States, may claim U.S. citizenship through his/her biological parent who at the time of the applicant's birth was a United States citizen. Once the citizenship claim is established, the applicant qualifies for a first-time U.S. passport."


K1 Visa Event Date

Service Center : Texas Service Center

Consulate : Manila, Philippines

I-129F Sent : 2014-08-11

I-129F NOA1 : 2014-08-20

I-129F NOA2 : 2014-11-11

NVC Received : 2014-12-01

Date Case #, IIN, and BIN assigned : 2014-12-09

NVC Left : 2014-12-12

Consulate Received : 2014-12-16

Interview Date : 2015-02-06

Interview Result : Approved

Visa Received : 2015-02-14

US Entry : 2015-03-13

Marriage : 2015-05-05

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did she applied for US passport?


AOS Journey

1/31/16 - Got married

2/24/16 - AOS, EAD, AP packet sent

2/29/16 - Received Date

3/03/16 - Received text and email notification

3/04/16 - Check cashed

3/07/16 - I-797 hardcopy received

3/19/16 - Biometric scheduled received by mail

4/06/16 - I-485 online status changed to Ready to be Scheduled for Interview

4/15/16 - I-485 online status changed to INTERVIEW SCHEDULED

4/17/16 - Interview Notice hardcopy received

4/28/16 - AP & EAD approval date

5/02/16 - AP approval letter received

5/05/16 - EAD card received

5/17/16 - AOS interview

5/23/16 - Online status changed to CASE APPROVE dated 5/18/16

5/23/16 - Received AOS approval letter in the mail

5/23/16 - Online status changed to CARD WAS MAILED TO ME

5/24/16 - Card was picked-up by USPS (online status)

5/26/16 - Green Card on Hand!!! :goofy:

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Hi,

You can not rely on modern citizenship laws. Your mother's US citizenship is determined by the law in place when she was born in 1946. The relevant law is the Nationality Act of 1940. Under that law, your mother is not a US citizen. She did not meet the conditions to keep her US citizenship. She did not live for 2 years in the US between the age of 14-28, her mom did not become a US citizen before her 18 birthday, and her dad did not legitimize her before age 21.

Sorry.

http://www.alllaw.com/articles/nolo/us-immigration/citizenship-children-birth-citizen-parents-acquisition.html

Automatic U.S. Citizenship for Children by Birth To Citizen Parents (Acquisition)

Child Born Between January 13, 1941, and December 23, 1952

If you were born between January 13, 1941, and December 23, 1952, both your parents were U.S. citizens, and at least one parent had a prior residence in the U.S., you automatically acquired U.S. citizenship at birth, with no conditions to keeping it.
If only one parent was a U.S. citizen, that parent must have resided in the U.S. for at least ten years before your birth. At least five of those years must have been after that parent reached the age of 16.
With a parent thus qualified, you acquired U.S. citizenship at birth, but with conditions for keeping it. You must have resided in the U.S. for at least two years between the ages of 14 and 28. Alternatively, if your noncitizen parent naturalized before you turned 18 and you began living in the U.S. permanently before age 18, you could retain your U.S. citizenship. As a result of a U.S. Supreme Court decision, if you were born after October 9, 1952, your parent still had to fulfill the residence requirement in order to pass citizenship on to you, but your own residence requirements for retaining U.S. citizenship were abolished—you need not have lived in the U.S. at all.
If your one U.S. citizen parent was your father and your birth was illegitimate (took place while your parents weren’t married), the same rules applied provided you were legally legitimated (your father acknowledged paternal responsibility) prior to your 21st birthday and you were unmarried at the time of legitimation.
Edited by aaron2020

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It is more complicated than that depends on the rules in 1946.

Presumably they were not married and he did not provide any support.

There are a few Lawyers familiar with the , Shusterman comes to mind.

At 69 why is she bothered?

PS WW2 finished in 1945.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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