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My dad is a US citizen but doesn't live there!!

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Filed: FB-3 Visa Country: Philippines
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Option 2 is no longer available. To claim US citizenship through a grandparent, the child must be under age 18. Once the child turns 18, the child cannot claim US citizenship based on a grandparent.

Option 3 where dad establish a US domicile is an alternative. Dad would need to move to the US. This may not be practical if dad has a job back home. Additionally, it could take years.

Option 1 is the most practical if she is ready for marriage.

You're right. In option 2 you have to be under 18 y.o.

Option 4: If your father was a US citizen before you were born you might still get the instant US citizenship.

Read this article from Atty Gurfinkel's website:

"Under US immigration laws, in order for a US citizen to "transmit" (or pass on) US citizenship to their child, that parent is required to have lived in the United States a certain number of years before their child is born. (Typically, the parent should have lived in the US for at least 5 years, two of which were after the parent's 14th birthday)."

Like I said your best move right now is to consult an immigration lawyer first. It might save you a lot of money in the long run if you go the right way.

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Filed: Citizen (apr) Country: Ireland
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Option 4: If your father was a US citizen before you were born you might still get the instant US citizenship.

Read this article from Atty Gurfinkel's website:

"Under US immigration laws, in order for a US citizen to "transmit" (or pass on) US citizenship to their child, that parent is required to have lived in the United States a certain number of years before their child is born. (Typically, the parent should have lived in the US for at least 5 years, two of which were after the parent's 14th birthday)."

Not an option, as the dad hasn't been here long enough.

No immigration attorney needed, this case is quite clear.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: Vietnam
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You're right. In option 2 you have to be under 18 y.o.

Option 4: If your father was a US citizen before you were born you might still get the instant US citizenship.

Read this article from Atty Gurfinkel's website:

"Under US immigration laws, in order for a US citizen to "transmit" (or pass on) US citizenship to their child, that parent is required to have lived in the United States a certain number of years before their child is born. (Typically, the parent should have lived in the US for at least 5 years, two of which were after the parent's 14th birthday)."

Like I said your best move right now is to consult an immigration lawyer first. It might save you a lot of money in the long run if you go the right way.

You're reading the word "Typically" to imply that the physical presence requirement may sometimes be less strict. It's not. Before 1986 it was necessary for the US citizen parent to have been physically present in the US for at least 10 years, with at least 5 years after they were 14 years old. The law changed in 1986 to reduce the physical presence requirement to 5 years, at least 2 years after age 14. The OP's father left the US at age 4 and hasn't returned since then. He doesn't meet the physical presence requirement under either the old or new laws. The OP can't derive citizenship through his father because of the physical presence requirement, and he can't derive citizenship through his grandparents because he's too old. There's nothing a lawyer could do to fix this.

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Filed: Country: United Kingdom
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Thankyou all for sharing your knowledge and giving me advice on this,

I've decided to consult with a lawyer about my options if me and my boyfriend do decide to get married but for now i'm planning on just taking a nice 70 day trip as a visitor because hey it's better than nothing and we'll take it from thereee.. :star:

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