Jump to content
Sign in to follow this  
janurabi

Anybody had a similar case to mine?

4 posts in this topic

Recommended Posts

Hello,

I have a bit of a situation that I may have acquired U.S. citizenship at

birth. Right now I'm dealing with the U.S. Consulate in Calgary as I currently reside in

Canada. I'm awaiting the decision on my U.S. Passport application to the U.S. Consulate. It's

been over 9 weeks since I applied and haven't heard anything from them, not even an RFE. Here's

my scenario:

My mom just obtained her U.S. passport. My mom had found out that she had been a U.S. citizen

since the day my grandparents became naturalized citizens in 1964. My mom was 14 years old and

had a Green Card at the time. By law, according to the Calgary Consulate, of the time says any

minor with a Green Card automatically becomes a citizen once the parents are naturalized. Now

I'm just wondering, since she would've been a citizen since the day her parents were

naturalized, is it possible that I may have acquired citizenship from birth? I was born

November 15, 1978 and my parents were married.

My mother provided letters that my parents wrote back and fourth to

each other from '64 to '68. My mother lived in the U.S. from May 1958 to August 1968. She

married my father (a Canadian citizen) when she was 19. My mother also provided high school and

elementary school records to the Consulate. My grandparents lived and died U.S. citizens after

their naturalization in 1964. My grandparents resided in Minneapolis from 1958 till their

deaths respectively in 1974 and 1984.

I've been trying to consult with the Department of State and USCIS but either doesn't seem to

know anything about anything. My mother encountered this same frustration when she first began

looking into her situation. USCIS even went so far as to tell my mom that there's no way she's

a citizen. And yet, the Calgary consulate total contradicted that and treated her like one even

before approving her passport application.

We decided on dealing with the Consulate directly since USCIS initially had misinformed my

mother and the State Department is telling me that since my mother wasn't herself naturalized

that there's no way I could claim it through her and there's no way of verifying that she was a

citizen at the time of my birth. But there IS verification, my grandparent's naturalization

papers and my mother's alien #, such and such. Otherwise the Consulate would never have

approved my mother for a passport. The State Department also commented that if I was going

through my Grandparents that I would have to contact immigration.

Is there a good chance that I'm a U.S. citizen or is our proof not enough to prove my mother's

physical presence? If I get denied what's my next step? Will it hurt my chances at a visa? I

also have an employer whose willing to sponsor me for a Visa.

Also does the USC parent need to be a USC for the entire 10 years of their residing. She was a PR from the age of 8 to the age of 14, then became a USC.

Share this post


Link to post
Share on other sites

My grandfather was a US citizen, I grew up on a border town so it was common. My father had claim to US citizenship but never had any reason to bother with it. I looked it to it because of my husband and that sure would have made this a lot easier but since my father never actually lived in the US after his 14th birthday I have no claim. They changed the laws a few times so it depends on the year your mother became a citizen and the year you were born.

The laws governing whether or not a child born outside of the United States acquires U.S. citizenship from parents have changed several times. You'll need to look at the law that was in effect on the date of the child's birth (and the parents' birth, if grandparents were U.S. citizens) for guidance. These laws differ for the following time periods:

  • prior to May 24, 1934
  • May 25, 1934 to January 12, 1941
  • January 13, 1941 to December 23, 1952
  • December 24, 1952 to November 13, 1986, and
  • November 14, 1986 to present.

Here is an article that explains the different laws but unless she lived in the US for at least 5 years after her 14th birthday then unfortunately you probably don't.


K-1 Journey

04/30/2009 - I-129F sent to VSC

03/30/2010 - Interview @ MTL APPROVED!

04/13/2010 - POE @ Pearson International

05/23/2010 - WEDDING

AOS Journey

07/20/2010 - AOS/AP/EAD Sent

07/21/2010 - package received at Chicago

07/28/2010 - check cashed

07/30/2010 - received NOA1 in mail

08/01/2010 - received biometrics letter

08/20/2010 - walk in biometrics completed

08/23/2010 - finally entered into USCIS online -AP's touched on Aug11 and EAD and AOS touched on Aug20 08/30/2010 - AOS/EAD touched

09/09/2010 - AP approved (email notice)

09/13/2010 - Received email that EAD was approved on Sept 10

10/04/2010 - Received interview letter in Mail

11/09/2010 - Interview-APPROVED! 112 days

11/09/2010 - Card Production 11/22/2010 - Green Card received

ROC Journey

08/11/2012 - Eligible to file for ROC10/11/2012 - sent in I-751 (late)10/16/2012 - received NOA 11/20/2012 - biometrics

Share this post


Link to post
Share on other sites

My grandfather was a US citizen, I grew up on a border town so it was common. My father had claim to US citizenship but never had any reason to bother with it. I looked it to it because of my husband and that sure would have made this a lot easier but since my father never actually lived in the US after his 14th birthday I have no claim. They changed the laws a few times so it depends on the year your mother became a citizen and the year you were born.

The laws governing whether or not a child born outside of the United States acquires U.S. citizenship from parents have changed several times. You'll need to look at the law that was in effect on the date of the child's birth (and the parents' birth, if grandparents were U.S. citizens) for guidance. These laws differ for the following time periods:

  • prior to May 24, 1934
  • May 25, 1934 to January 12, 1941
  • January 13, 1941 to December 23, 1952
  • December 24, 1952 to November 13, 1986, and
  • November 14, 1986 to present.

Here is an article that explains the different laws but unless she lived in the US for at least 5 years after her 14th birthday then unfortunately you probably don't.

Thanks to you both. Actually I got a hold of trailmix and we were able to chat a bit about the situation.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×