Citizenship claim stuck in limbo - looking for options

[nashwell 0]

Hi there,

I am a Canadian citizen born to married parents back in 1969. My mother was, and still is, a US citizen at time of birth. She did not meet residency requirements due to the fact that her US citizen father was working for the US government and for ICAO (International Civil Airline Organization). I brought documented proof of everything, including his entire working history which was with the Weather Service and the State Department. He had diplomatic privileges, etc., and I have border records, pay stubs, travel documents, and all kinds of info that verify his role. I submitted this in a few stages to the US consulate in Montreal. At the first round, they were not opposed to my application, and accepted my payment (which I was told was a good sign), but asked for more documentation. I included a sworn affidavit by my mother, and even more from the archive she has on her father's career. They said it was still not enough. So I got some more. And since then, they have been dithering, telling me the case is still under review. First application was June 2014, followed by more documents in September and then October. I email them monthly, even biweekly, to see if there is progress. "Under review" is the stock answer. Does anyone have any tips on what to do? Is this a lame application? Or will getting a lawyer involved help to turn things around? Would love to hear thoughts and experiences from any of you with a similar story.

Best,

Aaron

[Boiler 45,659]

The laws have changed a lot over the years, I take it that only one parent has a claim to US Citizenship?

I did not know an exception could be made based on the reason for non residency.

Did you consult a lawyer? I know it is a very complicated area.

[nashwell 0]

I consulted a couple lawyers and one said there was no chance, and the other said the application should work. So far, still in limbo. I am wondering if I need to hire a lawyer to push this through. Or since my file is sitting on the consular agent's desk, is there anything to do but wait?

[tocca2015 24]

Apparently, according to online research, your claim depends on the set of laws that was in place at the time of your birth. This is what I found--> For people born between December 24, 1952 and November 14, 1986, they acquire citizenship if, at the time of birth, one parent was a U.S. citizen and had been physically present in the U.S. for ten years, five of which were over the age of fourteen.

Did your mom live 10 years in the US, including 5 after the age of 14? Then if so, you qualify. Now if she did not live the required 10 years BUT she was unable to do so before her father, a US citizen (your grandfather), was a diplomat and HAD to travel, perhaps you would be. However, when she turned 18 and was free to live where she wanted as a legal adult, did she ever live at least 5 years continuously in the US (provided she did live the remaining 5 years in the US before age 14)

As you can see, this is a very complicated issue and you need a competent lawyer. Lawyers work from everywhere so perhaps try and find the most qualified US immigration lawyer for derivative US citizenship online as it doesn't need to be a lawyer who's physically present where you live in Canada. Could be someone in New York (just picking a random city) as long as they know the law and can fight your case if you do have one.

I think you're not getting a lot of replies because this is a "do it yourself" board and your situation is not a do it yourself case

Good luck!!

[nashwell 0]

Hi,

Thanks for the reply. Yes, I am aware of the 5 years post 14 yr. old requirement. It is a tricky situation, but I was under the impression that I could do it myself. And, on the day I went in, everything was looking good. But now it is limbo, and I am not sure how to break the log jam. I guess a lawyer would be the only way forward.... has anyone had any luck from calling the State Department call centre?

[Boiler 45,659]

I remember some time back I think on another a lawyer mentioned that that his maven on such issues was in California. Can not remember the name. Shusterman is also a name on this area, but not the one I was thinking of.

[tocca2015 24]

I remember some time back I think on another a lawyer mentioned that that his maven on such issues was in California. Can not remember the name. Shusterman is also a name on this area, but not the one I was thinking of.

I looked up Shusterman's website for fun and he described some of his cases that were WAY more complicated than the OP So, it might be a good idea for the OP to go to his website and schedule a consultation and get some straight up answers.

http://shusterman.com/acquistionofuscitizenship.html

Hope this helps

[nashwell 0]

Thanks for this, Shusterman looks like an expert in this field. Cheers!

[ehklei19 18]

Maybe you are already aware of this but... Have you considered the tax implications of documenting your U.S. citizenship at this point? The U.S. government might require you to file tax returns for previous years. Just sayin'.

[Hypnos 6,576]

You will pay top dollar for Carl Shusterman's advice (or more likely the advice of one of his attorneys). It will probably be worth it, just know that it won't be cheap going in.