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SpencerFX4

looking for US citizenship through American born father

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Hello! I am new to this and looking for someone to steer me down the right track.

I am 22 years old, Canadian citizen. My objective is to obtain my US citizenship as i am interested in working and living in the US.

My father is American born and currently has dual status (Us/C)

Am i able to obtain any form of status through him?

Sorry if i missued terms, i am new to this!

ALSO, this may be a whole different subject

I have a job offer from a US company, although they are not willing to petition, and my career (heavy equipment service technician) is not covered on the NAFTA priority immigrant list... Just adding this as it may help.

Thanks for your help!

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* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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I find the citizenship rules for adult children super confusing, but I found this flowchart amazing... http://reason.org/files/a87d1550853898a9b306ef458f116079.pdf

Sorry couldn't help, but getting the questions answered will help other people help you.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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I find the citizenship rules for adult children super confusing, but I found this flowchart amazing... http://reason.org/files/a87d1550853898a9b306ef458f116079.pdf

Sorry couldn't help, but getting the questions answered will help other people help you.

Thank you for your assistance!

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I think because you've always been in Canada, and you're over 18 (and unmarried?) you might not qualify for citizenship. If your dad isn't living in the USA he won't be able to sponsor you a green card either.

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Having a residence (house) in the USA isn't the same as actually being resident.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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FINALLY found a sensibly written explanation: http://www.gafnervisalaw.com/practice-areas/family-immigration/child-of-u-s-citizen/

"Over the Age of 21 and Unmarried:

Adult children of U.S. Citizen who are unmarried are able to obtain permanent residency. The process, however, takes longer to complete than the process for children under the age of 21 and unmarried. Adult children in this category must first demonstrate their familial relationship with a U.S. Citizen parent. Once the adult child has demonstrated the familial relationship, the child must wait until a visa becomes available to enter into the United States. Unmarried, adult children of a U.S. Citizen make up the first preference category for family-based immigration. To see where the first preference category currently is, please visit the Department of State’s Current Visa Bulletin.

Once a visa becomes available, the adult child will receive notification and can begin the process to become a permanent resident."

And, again, since your dad isn't living in the USA, that's not going to work. And even if he was, that path takes years.

You may want to investigate a work-based or study-based move instead.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Was a CRBA filed, can he pass on citizenship?


“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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FINALLY found a sensibly written explanation: http://www.gafnervisalaw.com/practice-areas/family-immigration/child-of-u-s-citizen/

"Over the Age of 21 and Unmarried:

Adult children of U.S. Citizen who are unmarried are able to obtain permanent residency. The process, however, takes longer to complete than the process for children under the age of 21 and unmarried. Adult children in this category must first demonstrate their familial relationship with a U.S. Citizen parent. Once the adult child has demonstrated the familial relationship, the child must wait until a visa becomes available to enter into the United States. Unmarried, adult children of a U.S. Citizen make up the first preference category for family-based immigration. To see where the first preference category currently is, please visit the Department of States Current Visa Bulletin.

Once a visa becomes available, the adult child will receive notification and can begin the process to become a permanent resident."

And, again, since your dad isn't living in the USA, that's not going to work. And even if he was, that path takes years.

You may want to investigate a work-based or study-based move instead.

This is for applying for an immigrant visa. It does not answer the original question as to whether the OP can derive citizenship from his father. That may still be possible, even if a Consular Report of Birth Abroad (CRBA) was filed for or not. I am assuming it was not, as the OP would then already have the answer as to whether he was a citizen or not.

The key question is whether your father had sufficient physical presence in the US prior to your birth to transmit his US citizenship to you. You were born in 1992, right? If so, your father would have had to have been physically present in the US for at least five years, two of which were after he was 14 years old. The time in the U.S. does not have to be consecutive -- it can even count short periods of vacation, if that can be documented. Only the time prior to your birth in 1992 counts.

If you believe he meets that standard, you should go to the U.S. Embassy or one of the U.S. Consulates and apply for a U.S. passport. They will have to adjudicate the claim to citizenship first, so will likely require some of the same paperwork as if you were applying for a CRBA, such as the Affidvit of Physical Presence. If you can properly document it and your father meets the presence requirement, they will approve the application and issue the U.S. passport, proof that you are, in fact, a U.S. citizen.

Edited by jan22

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OP should contact USCIS and get correct info or Atty Cohen

in Canada that works US cases , e will answer a question or 2

laws change & that's would be the best things to do.I would

answer the qiustion but its an old answer & I am not sure

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