My complicated situation

[Bananadog 1]

Hi everyone!

 

After asking this on question on the USCIS subreddit, I was told that you guys might be interested in my story.

I hope I'm not posting this on the wrong forum on this site, feel free to move it if I've misplaced it.

 

I'm a 21 year old German citizen. My brother is a US citizen and so is my grandfather(They all live in Houston). But I am not.You might ask how thats even possible. Well sit down and listen, because this might take a few minutes.

I've tried to make a small family tree that includes relevant family members, maybe that'll help you guys. EDIT: I forgot to add to the family tree that my brother has both citizenships: The German and the American.

 

I have my 2 German grandparents that immigrated to the US during the 60s. They moved to Houston. Shortly after they got there, my grandma got pregnant. A few weeks before childbirth, she visited her mother(my great grandmother) in Germany. During that time my mother was born. Because she was born in Germany, she received the German citizenship. After her vacation and after the birth of my mother, they traveled back to Houston.

 

A few years after my mother was born, my grandparents divorced and my grandmother married a US citizen.

He adopted my mother, but my mother never received her US citizenship.

My mother lived in the states for the first ~21 years of her life. She got married and had a son with a US citizen. Shortly after my brother (technically half brother, because we only share one parent) was born, she also got divorced. It was a nasty divorce. She got custody of my brother and moved to Germany. She met my father and I was born.

 

Anyways, I hope that made sense. My mother passed away in 2013, when I was 16. My brother moved back to the states. And ever since that time, I wanted to move to her "true" home (please don't judge my motivation, I thought this through).

According to my grandparents she was always eligible to receive the US citizenship.I have a lot of her papers, her adoption papers that clearly state that she was adopted by a US citizen, her old Texas ID and SSN and a lot more. I also have copies of my grandpas and my brothers passports.

I know that because she never really was a US citizen, I won't get a US citizenship. But I thought maybe because of the fact that she always was eligible, there might be a 0,0001% to apply for one.

Shouldnt my mother have been a US citizen by default, since she was adopted at a young age?  And wouldnt that mean that I could potentially be a US citizen ?   Don't worry I won't get my hopes up.

 

I was recommended to consult a lawyer. But before I actually spend money on the consultation, I wanted to hear your advice.

 

I hope you guys can help me, or at least offer some nice advice.

 

Thank you

Edited January 20, 2019 by Bananadog

[EandH0904 1,184]

You could try for an IB2 visa (self petition child of US citizen). They aren't super common but I do see a handful getting through from time to time 

[belinda63 2,981]

My understanding is adoption alone does not confer citizenship on a person. If your mother was never a US citizen I don't see how you could become a citizen through her.

[WaterLeaf 199]

If the US Citizen adopted the kid, would the kid have the citizenship in some ways?

[Boiler 43,435]

Adoption does not equal citizenship.  Might be able to sponsor.

[belinda63 2,981]

 In order to automatically become a U.S. citizen, the child must meet the following requirements of the Child Citizenship Act:  have at least one adoptive parent who is a U.S. citizen; be under 18 years of age; live in the legal and physical custody of the adoptive parent; and the adoption was finalized in the foreign country under the laws of the foreign country and of U.S. Immigration.

The Child Citizenship Act took effect on February 27, 2001. Adoptees who met these requirements on that date automatically became U.S. citizens.  Adoptees who were 18 years of age or older on that date did not acquire American citizenship from the Child Citizenship Act.

[aaron2020 11,651]

15 minutes ago, belinda63 said:

 In order to automatically become a U.S. citizen, the child must meet the following requirements of the Child Citizenship Act:  have at least one adoptive parent who is a U.S. citizen; be under 18 years of age; live in the legal and physical custody of the adoptive parent; and the adoption was finalized in the foreign country under the laws of the foreign country and of U.S. Immigration.

The Child Citizenship Act took effect on February 27, 2001. Adoptees who met these requirements on that date automatically became U.S. citizens.  Adoptees who were 18 years of age or older on that date did not acquire American citizenship from the Child Citizenship Act.

The CCA would not apply since mom was well over 18 when the CCA was passed.  She would need to qualify under the law that was in force at the time she was adopted.

 

[belinda63 2,981]

I think prior to that the adoptive parent had to apply for citizenship for the child. It sounds like that was never done. I've read of adopted children just assuming the were US citizens because the adoptive parents were USC but it did not used to work that way.

[Boiler 43,435]

7 minutes ago, belinda63 said:

I think prior to that the adoptive parent had to apply for citizenship for the child. It sounds like that was never done. I've read of adopted children just assuming the were US citizens because the adoptive parents were USC but it did not used to work that way.

I have as well.