Adult Child of a USC Getting Citizenship?

[Autumnal 25]

My grandfather naturalized in the US around 1948. He later moved to Canada, naturalized there, and had five children. They automatically gained Canadian citizenship. My aunt is now interested in exploring whether she can obtain US citizenship by dint of my grandfather's status. Is this possible, and what would she need to do to "activate" that status, if so?

1. She was born in 1957.

2. She was born in Canada, to a Canadian citizen and a US/Canadian/British citizen.

3. She has not claimed any USC status or residency in the US.

4. Her father returned to the US every year for approximately 4-5 months and maintained a domicile there until 2004.

Any other factors needed to be known?

[apple21 953]

You can check the requirements for Consular Report of Birth Abroad (CRBA).

[Boiler 43,619]

Is her Father looking to Sponsor her?

Trying to remember who is the Maven on such matters, I remember it is a Lawyer in CA.

[newacct 688]

My grandfather naturalized in the US around 1948. He later moved to Canada, naturalized there, and had five children. They automatically gained Canadian citizenship. My aunt is now interested in exploring whether she can obtain US citizenship by dint of my grandfather's status. Is this possible, and what would she need to do to "activate" that status, if so?

1. She was born in 1957.

2. She was born in Canada, to a Canadian citizen and a US/Canadian/British citizen.

3. She has not claimed any USC status or residency in the US.

4. Her father returned to the US every year for approximately 4-5 months and maintained a domicile there until 2004.

Any other factors needed to be known?

First, she wouldn't technically be "getting" or "activating" citizenship. She either had U.S. citizenship since birth (and didn't know about it), or she didn't. If she has U.S. citizenship, she would simply apply for a U.S. passport (for short term proof), and/or a Certificate of Citizenship (not strictly required, but some people like to have it for permanent proof; you apply for it using N-600).

I am assuming that the aunt's parents were married to each other when she was born? The rules for transmission of U.S. citizenship at birth at that time seems to require that the grandfather had been physically present in the U.S (any time in his life before the aunt was born, in any status, not necessarily continuously) for a total of at least 10 years, including 5 after the age of 14. So you need to figure out whether this (10 years of physical presence) was satisfied. It's hard to tell from the information that you have given. Remember that he must have been present in the U.S. for a number of years as a permanent resident (and possibly other statuses) before he naturalized, so a few more years (that he stayed in the U.S. before he moved to Canada, or when he returned to the U.S. for visits before the aunt was born) are needed to fill up 10 years.

Even if she does satisfy the conditions, the proof of her father's physical presence in the U.S. is probably going to be the hardest part. This was so long ago, so records are probably not easy to get. Plus, even for people proving their child's citizenship now right after they're born, they often have problems from very strict consulate officials on the evidence of the parent's physical presence. For example, for school records, they only count the school year, minus the breaks, as proven physical presence. And other records count for much less. So someone on here said that you should preferably have two years of evidence for every year that is required. Your grandfather's physical presence in the U.S. before your aunt was born is probably cutting close to the 10 years, so it may be difficult.

But, it varies from officer to officer, so if she qualifies, she should go ahead and try her luck. Department of State (where she applies for a passport) and USCIS (where she applies for a Certificate of Citizenship) are two separate agencies, so that increases the chances she will succeed in at least one.

You can check the requirements for Consular Report of Birth Abroad (CRBA).

You can't get CRBA after the child is 18.

Edited October 2, 2013 by newacct

[Ryan H 3,791]

Moved from What Visa Do I Need - Family Based Immigration to US Citizenship Discussion.