Sister wants to move to the US

[Zoey 0]

Hi, I'm not sure if anyone had a same experience but I was wondering if I could get some help. My sister is trying to apply to move to the US through my mother who is a US citizen. My Mother has only lived in the US for 6 months and that was back in 1986 and has resided in Canada her whole life. She was born elsewhere and automatically received US Citizenship through her father who was a born American. My sister wants to apply to move to Florida where I live (I applied through my husband) but she has to apply through my mother. Can she still apply through my mother even though my mother has never lived in the US? And also, for the Affidavit of Support, my Mother has never filed any US taxes, will she have to go back and file US taxes for her whole life or is there something she can do? Would I be able to be my sisters co-sponsor because my Mother will not be moving to the US. I would appreciate any help for someone that has had this same experience. Thanks!!

[Kez/JWolf 6]

the sponsor has to be resident in the usa and has to have filed taxes... you could sponsor her once you become a citizen but it will take a very long time..... about 20 years....

Kezzie

[YuAndDan 153]

My sister is trying to apply to move to the US through my mother who is a US citizen. My Mother has only lived in the US for 6 months and that was back in 1986 and has resided in Canada her whole life. She was born elsewhere and automatically received US Citizenship through her father who was a born American.

You may have answered your question with out knowing it, If your mother is still considered to be a U.S. Citizen then you sister may also me considered to be a U.S. citizen and can apply for an American Passport.

Read the following article:

http://www.uscis.gov/graphics/services/fac...t/howdoi/A4.pdf

Also ref post from last week about citizen through grand father.

http://www.visajourney.com/forums/index.ph...c=30280&hl=

You may be an U.S. citizen with out knowing it, and may be able to avoid green card, and naturalization all together.

I hope this helps, and Good luck.

Edited September 11, 2006 by YuAndDan

[Zoey 0]

My sister is trying to apply to move to the US through my mother who is a US citizen. My Mother has only lived in the US for 6 months and that was back in 1986 and has resided in Canada her whole life. She was born elsewhere and automatically received US Citizenship through her father who was a born American.

You may have answered your question with out knowing it, If your mother is still considered to be a U.S. Citizen then you sister may also me considered to be a U.S. citizen and can apply for an American Passport.

Read the following article:

http://www.uscis.gov/graphics/services/fac...t/howdoi/A4.pdf

Also ref post from last week about citizen through grand father.

http://www.visajourney.com/forums/index.ph...c=30280&hl=

You may be an U.S. citizen with out knowing it, and may be able to avoid green card, and naturalization all together.

I hope this helps, and Good luck.

Thank you very much for your response. When I went for my greencard interview, the officer was going to give me US Citizenship instead of the Greencard. But becuase I lived in the US for only 6 months and moved to Canada and took out Canadian Citizenship there they saw that as abandoning my status because I took out a foreign country's citizenship (I was not born in Canada). So because of this they could not give me citizenship, he told me if I didn't have Canadian citizenship then I would have automatically become a US Citizen. It really sucked cause I could have saved time and money but I lived in Canada practically my whole life so my parents took out Canadian Citizenship for all their children. So Im sure the same would apply to my sister. My grandfather is no longer alive so that wouldn't work. I really want my sister to move here, but I don't know if it will be possible seeing that my mother will not be moving here.

[YuAndDan 153]

Thank you very much for your response. When I went for my greencard interview, the officer was going to give me US Citizenship instead of the Greencard. But becuase I lived in the US for only 6 months and moved to Canada and took out Canadian Citizenship there they saw that as abandoning my status because I took out a foreign country's citizenship (I was not born in Canada). So because of this they could not give me citizenship, he told me if I didn't have Canadian citizenship then I would have automatically become a US Citizen. It really sucked cause I could have saved time and money but I lived in Canada practically my whole life so my parents took out Canadian Citizenship for all their children. So Im sure the same would apply to my sister. My grandfather is no longer alive so that wouldn't work. I really want my sister to move here, but I don't know if it will be possible seeing that my mother will not be moving here.

I would check with you mother about this, she may still be considered a US Citizen, perhaps get an immigration attorney look at your situation. I can't hurt investigating this avenue of approach, it beats the alternative.

[zyggy 9]

I'm sorry, your sister is not eligible to become a US Citizen as her mother did not live in the US for 5 years with more than two of those years after the age or 14 before she was born...

Depending on the year your sister was born.. that may have been 10 years with 5 years after the gae of 14...

Edited September 11, 2006 by zyggy

[Zoey 0]

I'm sorry, your sister is not eligible to become a US Citizen as her mother did not live in the US for 5 years with more than two of those years after the age or 14 before she was born...

Depending on the year your sister was born.. that may have been 10 years with 5 years after the gae of 14...

Well from what YuanDan was saying I think she/he may be right. My sister might get citizenship due to derivation. It says that even if my mother has never lived in the US, she could get it through my grandfather who lived in the US practically his whole life. I will speak to an immigration attorney and see if this will work.

[zyggy 9]

Ummm no...

If your sister was born after 12/24/52, in order to work through a grandparent.. both parents must have gotten their US Citizenship through derivation. If that is so, then the residency requirement is waived and only one parent had to live in the US for any period of time. But even then, that residency must have occured prior to her birth. Since I am assuming that your father is not a US Citizen, it is not possible that your sister has US Citizenship.

If you are trying to refer to the proviso un Section 322 of the INA.. please note that that portion is for those who citizen parent died prior to their 18th birthday, since I am assuming that your mother is still alive, that does not count..

Sorry... there is no way that your sister has US Citizenship...

2) As a US CItizen, your mother must file US Income taxes... since the IRS can only go back 3 years, she would have to file for only the last 3 years.

3) If your mother will be sponsoring your sister, she must enter the US to set up domicile prior to your sister entering the US .. she cannot be a sponsor if she will not be domiciled in the US, and if she is sponsoring your sister, it is her who must be the primary sponsor, not you.

Edited September 13, 2006 by zyggy

[Zoey 0]

Ummm no...

If your sister was born after 12/24/52, in order to work through a grandparent.. both parents must have gotten their US Citizenship through derivation. If that is so, then the residency requirement is waived and only one parent had to live in the US for any period of time. But even then, that residency must have occured prior to her birth. Since I am assuming that your father is not a US Citizen, it is not possible that your sister has US Citizenship.

If you are trying to refer to the proviso un Section 322 of the INA.. please note that that portion is for those who citizen parent died prior to their 18th birthday, since I am assuming that your mother is still alive, that does not count..

Sorry... there is no way that your sister has US Citizenship...

2) As a US CItizen, your mother must file US Income taxes... since the IRS can only go back 3 years, she would have to file for only the last 3 years.

3) If your mother will be sponsoring your sister, she must enter the US to set up domicile prior to your sister entering the US .. she cannot be a sponsor if she will not be domiciled in the US, and if she is sponsoring your sister, it is her who must be the primary sponsor, not you.

Thank you for your response. I don't understand because when I went for my Green Card interview (I had applied through my husband), the Officer left the room for 20 mins and then came back in the room and asked me questions about my mother and Grandfather. He asked me if I was a Canadian citizen, I told him yes. He told me had I not taken out Canadian citizenship, I would have automatically become a US citizen, and he said I could have avoided the hassle and money. See I lived here for 6 months at the age of 6, I left, and moved to Canada, so they saw that as abandoning my status and taking out another country's citizenship (because I was not born in Canada). That was the only thing that stopped me, not the fact that my mother never lived here, he based it on my grandfather living here. He knew that my mother had only lived in the US for 6 months but I told him my grandfather lived here practically his whole life and was in the Navy. He said the only thing that stopped me from getting US citizenship was the fact that I took out another country's citizenship after abandoning my US status.

[meauxna 15]

Zoey, that just doesn't sound right, because one does not 'abandon' US citizenship (they do't let go that easily). Normally one would have to actively do something to shed US citizenship.

If it's worth it to you and sis, consult an attorney who can do the appropriate research for you.

[Boiler 43,790]

Zoey, that just doesn't sound right, because one does not 'abandon' US citizenship (they do't let go that easily). Normally one would have to actively do something to shed US citizenship.

If it's worth it to you and sis, consult an attorney who can do the appropriate research for you.

Ditto, it is a long and complicated process to lose US Citizenship.

Sounds more like losing Permanent Resident Status? Were you a PR at age 6?

[zyggy 9]

Zoey, that just doesn't sound right, because one does not 'abandon' US citizenship (they do't let go that easily). Normally one would have to actively do something to shed US citizenship.

If it's worth it to you and sis, consult an attorney who can do the appropriate research for you.

Mo..

Actually that was the case prior to the Childhood Citizenship Act of 2000... But not necessarily in the way that she described it...

Now, if she would have gotten an immigrant visa through her mother and entered the US with it, she would have become a US Citizen upon entry. Prior to that, a child in that situation had to apply for naturalization like everyone else by living in the US for more than 5 years with their citizen parent who must also have been living in the US for the same 5 years. By leaving the US, she would have abandoned her PR status, and therefore, abandoned any claim in getting US CItizenship through naturalization.

What the OP is talking about is Expedited Naturalization through Section 322 of the INA.. In this case it is possible to get the residency requirement fulilled through a grandparent under certain circumstances as long as the oath of naturalization is taken before one turns 18. A child does not automatically become a citizen if the requirements of Section 322 are met.. one must have had to apply for expedited natuiralization and the oath be taken for one to become a citizen in this manner.

Please check the following page for further info..

http://www.americanlaw.com/citnat.html

Edited September 18, 2006 by zyggy

[meauxna 15]

Now, if she would have gotten an immigrant visa through her mother and entered the US with it, she would have become a US Citizen upon entry. Prior to that, a child in that situation had to apply for naturalization like everyone else by living in the US for more than 5 years with their citizen parent who must also have been living in the US for the same 5 years. By leaving the US, she would have abandoned her PR status, and therefore, abandoned any claim in getting US CItizenship through naturalization.

Aha! I did not know that---thx, zyg!