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Filed: F-1 Visa Country: Sweden
Timeline
Posted

Hello all,

Need some advice.

I am born in Sweden to a born usc who does not have the required physical presence to deriviate citizenship to me. My father was born in Chicago in 1969, moved to Sweden in 1972 with his Swedish mother. My grandfather remained in the US for the rest of his life. My father has no physical presence in the US untill after i was born when he moved here. but lazy as he was he did not think of filing for a green card or derivitive citizenship through grandparents when i was under 18.

I am 23 years old now currently on a F1 visa, studying in Atlanta.

My question is, do i have some sort of claim towards citizenship?

The bases of my question is that i've read, that if your father was born before 1974 and didnt have residence in the US he would loose his citizenship. but that is said to have been retroactivly changed in 1994. He left the US with an American passpost but returned to US for a 4 week vacation when he was 12 years old on a Swedish passport. He applied for a American passpost in 1998 and got it directly. i've read stories about people who has been able to deriviate citizenship through their father because the law retroactivly changed in 1994 ( cant rememember the exakt year). so when i was born in 1988 he was not by law an American citizen due to the laws in place at that time?

So could the case be that he lost his citizenship while in sweden and regained it in 1994. and therefore by law he could not get his required physical presence because he at that time was not a citizen?

I hope you guys understand my question, and i would be glad to get any kind of advice!

Thank you

Posted

My ramblings -

To clarify- he was born in the USA?

If so, I didnt know someone can lose their citizenship when it was a natural born right. Was recently reading some article on Johnny Depp and his desire to not be double taxed for living in France too long..... Sounded like you can renounce your US citizenship. For instance if someone no longer wish to be taxed on their income by the USA because the USA doesnt care where you live. You are a citizen earning money - you pay taxes. Leaving so young as a baby, I would almost think of a person who was just unaware that they were USA born if their parents concealed it. By the time he had any recollection of documentation, he was seeing a Swedish passport. So there might be some questions to answer up to about his whereabouts and tax paying - but if he didnt renounce the USA, he might still have citizenship claims.

Green Card holds can go AWOL for not returning within a certain period of time. US Citizens? Dont think so. Ever read his US passport? Where does it indicate he was born? His American passport receipt may be indicative of his status for you and then you should examine what the rules are for an over 18 aged individual claiming citizenship via your parent, not grantparent.

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

I am born in Sweden to a born usc who does not have the required physical presence to deriviate citizenship to me.

My father was born in Chicago in 1969, moved to Sweden in 1972 with his Swedish mother. My grandfather remained in the US for the rest of his life.

My father has no physical presence in the US untill after i was born when he moved here.

I am 23 years old now currently on a F1 visa, studying in Atlanta.

My question is, do i have some sort of claim towards citizenship?

The bases of my question is that i've read, that if your father was born before 1974 and didnt have residence in the US he would loose his citizenship. but that is said to have been retroactivly changed in 1994. He left the US with an American passpost but returned to US for a 4 week vacation when he was 12 years old on a Swedish passport. He applied for a American passpost in 1998 and got it directly. i've read stories about people who has been able to deriviate citizenship through their father because the law retroactivly changed in 1994 ( cant rememember the exakt year). so when i was born in 1988 he was not by law an American citizen due to the laws in place at that time?

So could the case be that he lost his citizenship while in sweden and regained it in 1994. and therefore by law he could not get his required physical presence because he at that time was not a citizen?

The law you're talking about only applies to children born abroad, and, as you said has since been removed.

The 1940 Act added a retention requirement to the law of acquisition. This meant that a child born abroad who acquired U.S. citizenship at birth was required to reside, or be physically present, in the United States for a certain number of years before attaining a specified age. Otherwise, the child would lose his U.S. citizenship. The retention requirement only applied where the child had only one citizen parent. The 1978 Act eliminated the retention requirement. However, the Act did not restore the citizenship rights of persons who had already lost their citizenship by a failure to meet the retention requirement.

This means your father has never lost USC. As you said though he didn't have enough presence to get you USC. There might be another way though.

Is your father still alive?

Edited by Vanessa&Tony
Filed: Citizen (apr) Country: Australia
Timeline
Posted

The only way I can see this working is if your father filed an immigrant petition for you (an I-130) together with I-485. I *think* he should be able to do a concurrent filing (someone else with know for sure).

Then once you're an LPR he might be able to file an N-600 for you as based on your info... one thing though that might trip you up.. were you parent married when you were born or at any point before you turned 16?

If that doesn't work once you're admitted as an LPR you have 5 years until you can file for USC yourself... that is unless you marry a USC, then it's 3 years.

Filed: F-1 Visa Country: Sweden
Timeline
Posted

The law you're talking about only applies to children born abroad, and, as you said has since been removed.

This means your father has never lost USC. As you said though he didn't have enough presence to get you USC. There might be another way though.

Is your father still alive?

Yes my father is still alive he just bought an apartment here. He is a Georgia resident and everything but I am over 21 so takes like 5 years if he files a I130 if that was what u reffered to with another way. I hope u have a sulotion to my problem. His passport says Chicago Illinois

Filed: F-1 Visa Country: Sweden
Timeline
Posted

The only way I can see this working is if your father filed an immigrant petition for you (an I-130) together with I-485. I *think* he should be able to do a concurrent filing (someone else with know for sure).

Then once you're an LPR he might be able to file an N-600 for you as based on your info... one thing though that might trip you up.. were you parent married when you were born or at any point before you turned 16?

If that doesn't work once you're admitted as an LPR you have 5 years until you can file for USC yourself... that is unless you marry a USC, then it's 3 years.

No they were never married I was concieved out of wedlock when he was,18

Filed: Citizen (apr) Country: Australia
Timeline
Posted

No they were never married I was concieved out of wedlock when he was,18

Ah, well then it's no to the N-600.

The I-130 is the only way to go. You'll need to be an LPR and live in the US for 5 years before you can apply for USC. Sorry.

Filed: K-1 Visa Country: Germany
Timeline
Posted

If your parents were not married, your father needed to legitimate you.

I found this

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

A blood relationship between the person and the father is established by clear and convincing evidence;

The father had the nationality of the United States at the time of the person’s birth;

The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

While the person is under the age of 18 years --

the person is legitimated under the law of his/her residence or domicile,

the father acknowledges paternity of the person in writing under oath, or

the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

If you were not legitimated before being 16 there might be a problem to get citizenship through your dad.

I also found this:

Questions: Contact the U.S. Department of State, Bureau of Consular Affairs, Directorate of Overseas Citizens Services, Office of Policy Review and Inter-Agency Liaison at ASKPRI@state.gov

You might be able to get an answer there, but I would prepare a table showing dates, so they know all the details and can give you an answer.

Wishing you luck.

Sib

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I am legitimated he's on my birth certificate. But he only has 3 years of physicalpresence before I was born. I need some trick orsomething I really don't wanna wait 7 years for a green card just because my father was to lazy to file I130 when I was under 21

I'm sorry but I really don't think there's any other way. I doubt he knew about the process the same I doubt you knew about the process so I don't think it was "laziness" (unless of course it simply was that and you know for sure).

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

He was under the impression that we could move her no problem since he is 100% American

Yeah :S Unfortunately it just doesn't work like that.

Random but for example. There is a law in Australia now that anyone born after a certain date in Australia does NOT get automatic citizenship. They need proof their parents were Australian citizens or LPR's. A friend of mine only found out that he might not be an Aussie when he went to apply for a passport. His mother and father weren't Australian citizens (or LPR's) when he was born (his mother was on a student or work visa I believe). He gained Australian citizenship because he'd lived in Australia for the 10 years following his birth. This isn't something I had ANY idea about until I was completely my mothers passport application and saw the notation (certainly wasn't there when I applied to get a new one). My point being how many people know this stuff unless they look into it? I too would have just assumed a child born in Aus was Australian, but I'm actually happy that's not the case :)

Here are the physical presence rules that apply to you:

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship provided the U.S. citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen.

Child born out of wedlock to a U.S. Citizen father: A child born outside of the United States to a U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship provided the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. Citizen and one non-U.S. Citizen parent, either before or after November 14, 1986

Edited by Vanessa&Tony
 
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