Am I eligible for US citizenship/passport/visa?

[Joshgrooms 0]

Hi, I have been reading through the US citizenship requirements online but am unsure which one applies to me if any, i am 27 year old British citizen (born 1985 in England) and my mother is a 50 year old US citizen (born in USA) married to a British citizen and we all live here in England.

My mother was born in the USA and left the USA when she was 18 years 9 months old, to visit England and lives here in England with myself and my British dad now.

My question is can I file for any claim to citizenship even though I'm way over 18?

*Additionally my grandparents were both American citizens for most of my life my grandad resided in the US his whole life.

I know I'm short by 3 months for the physical presence thing but could grandparents physical presence make up for it even if he died 3 years ago. And lastly my brother here in England has US citizenship as he was born after nov 1986 rule change.

Any help would be very appreciated as I have had a thousand different answers, thank you for reading this. Josh.

[Hypnos 6,576]

Were your parents married at the time you were born?

If not, then it sounds as if you might have a claim under Section 309© of the INA, which states:

"Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year."

If they were married at the time of your birth, then she would have to satisfy the ten year physical presence requirement (five of which must be after reaching 14 years of age, which she did not do because she left the US before she turned 19).

http://www.travel.st...nship_5199.html

Edited April 2, 2013 by Hypnos

[Joshgrooms 0]

My parents were married in 1981 so yes they were married before I was born. Does the fact that she left the usa for a holiday to England and didn't file for any visas till she was 19 and half when she decided to stay in England ? She also came back to the US for her birthday for 4 weeks but then went back to England to work. Does this mean the end of the road for me as in no possible chance for citizenship or anything ?

[Joshgrooms 0]

Also could this help my situation as my grandparents were both US citizens at the time my mother left the US and resided there for there whole life ?

"If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

Serving honorably in the U.S. Armed Forces;

Employed with the U.S. Government; or

Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted."

Lastly is expedited naturalisation something I could apply for ?

[Hypnos 6,576]

You said that your grandfather (and grandmother, presumably) lived in the US their whole life, so at the time your mother left the US she ceased to be a part of their household.

It does not look like you have a valid claim to US citizenship I'm afraid, unless your mother was in one of those three categories you mentioned.

You may want to contact an immigration attorney and double-check this.

Edited April 2, 2013 by Hypnos

[newacct 688]

And after she left the U.S., her visits to the U.S. before you were born did not add up to the missing three months?

[Joshgrooms 0]

Ah ok , she has worked for the NHS for about 30 years does that count as an international organisation ? If not is there nothing else I can apply for visas etc?

[Joshgrooms 0]

No they add upto like 6 weeks lol so really I'm only short by like 1 month 2 weeks

[Hypnos 6,576]

It's unlikely that the NHS would count as one of these "international organisations", but again, consulting a lawyer would probably be your best bet.

[Brother Hesekiel 2,236]

Yes,

you are a natural-born US citizen based on jus sanguinis. In order for a US citizen to pass on citizenship at birth, the U.S. Department of States has 2 requirements:

1) the parent needs to have resided in the United States for at least 5 years previously to the birth of her child.

Your mom meets this requirement if she lived there 'til she was 18 years old.

2) At least 2 of those aforementioned 5 years need to be after the parent's 14th birthday.

Your mom meets this requirement as well as 18-14=4=>2.

If the parent does not meet these requirements, the residency of a US citizen grandparent can be used to make up for it. This is not necessary in your case.

If your mom did not report her child birth to the US consulate in London, she can still accompany you when applying for a US passport there. The worst thing that can happen, although I doubt it, is that they will strongly suggest you file an N-600K for a Certificate of Citizenship. I, personally, would try to avoid spending $600 on that.

[Joshgrooms 0]

Thanks brother heskiel however I was born in June 1985, the rule then was 5 before birth 5 after , now the rule is after nov 1986 it is 5 before birth and 2 after so I am struggling to find 3 months. This is what everyone has told me anyway and I can't see why I would fit into the post 1986 rule. Does that make sense?

[Joshgrooms 0]

And my mother did apply for a passport for me and my brother in 1994 he was born in 1988 so he has one however they sent a letter to say unfortunately you didn't meet the physical presence of 5 years after birth so I never got one.

[Hypnos 6,576]

Yes, unfortunately the law changed shortly after you were born and so it looks like you marginally do not qualify.