can any one help me please ???

[ediecrider 0]

Hi Can anyone help me I don't know what to do ,I called alot of places and all I get is a runaround !! The only way to get good opinions is to tell the whole story soooo.......

Anyways here it goes

I was born in Canada to an Amercian Father and a Canadian Mother(my Father never gave up his Amercian citizenship and he lives in Canada). In 1993 I married an Amercian on an Amercian Navy base in Canada we came down to West Virginia in 1994 and then we divorced in 1995(durning this time we had to go to Montreal and get a alien card on the back it says the holder of this card can reside and work permantly in the USA but it expired in 1995)

I lived my life normally in Virginia until I got remarried in 2003. When I went to the social Security office to change my name because of marriage they said they couldn't do anything until I got legal. So now I can't work or have a drivers licence.

So whats the easiest/cheapest and fastest way to become legal through my Father(thats the way my brother done it) or though my marriage ??? All my 5 children are amercians.

I lived in Virgina for 13 years in 2005 I went to Canada for 2 years came back in 2007 and the border even let me back in the states with no passport all I had on me was my canadian drivers licence and my birth certificate and my marriage certificate.

Thanks all who took the time to listen anyone know what I have to do now ??? What forms do i need???

[payxibka 10,047]

I assume you current spouse is a USC? If so, that is the easiest path.

[ediecrider 0]

I assume you current spouse is a USC? If so, that is the easiest path.

thank you for your reply .Yes he is an amercian. What forms do I need for that ??

[payxibka 10,047]

I assume you current spouse is a USC? If so, that is the easiest path.

thank you for your reply .Yes he is an amercian. What forms do I need for that ??

He would petition for you as his spouse (I-130) and then at the same time (ie.. same envelope) you apply to register as a permanent resident (I-485). This is a theoretical solution.... Your "status" from your original USC spouse might throw a curve at this... You might be best served having a consult with a qualified immigration attorney.

Edited September 30, 2009 by payxibka

[ediecrider 0]

I assume you current spouse is a USC? If so, that is the easiest path.

thank you for your reply .Yes he is an amercian. What forms do I need for that ??

He would petition for you as his spouse (I-130) and then at the same time (ie.. same envelope) you apply to register as a permanent resident (I-485). This is a theoretical solution.... Your "status" from your original USC spouse might throw a curve at this... You might be best served having a consult with a qualified immigration attorney.

Thank you

[trailmix 77]

What payxibka has said (about adjusting status) would only be true if you have no claim to U.S. citizenship already and I don't think we have enough information to say that the spousal application would be the most straight forward at this point.

You say your Brother got his U.S. citizenship through your Father? That may in fact be the easiest route for you. You need to investigate how he did this. You may also be entitled to claim U.S. citizenship.

A lot depends on two things:

- What year you were born in

- How many years your Father lived in the U.S. before and after his 14th birthday (and before you were born).

I'm going to guess that you were born between 1952 and 1986. If that is the case and he meets the criteria below, you may well have a claim to citizenship and all you would have to do is apply for a U.S. passport - giving all the evidence to prove the items below.

For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true [6]:

1. One of the person's parents was a U.S. citizen when the person in question was born;

2. The citizen parent lived at least 10 years in the United States before his or her child's birth;

3. A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

Edited September 30, 2009 by trailmix

[Krikit 1,165]

Hopefully Edie comes back to read your post, Trailmix.

Welcome to VJ, Edie.

[payxibka 10,047]

If I am not mistaken, the OP's facts and circumstances on any potential "claim to citizenship" are the same today as they were back in 1993. If the OP had a valid claim to citizenship, the consulate would have resolved it back then before issuing the OP a visa that resulted in an alien card (ie..greencard). It appears from the limited information that the OP allowed her conditional card to expire without removing conditions.

[ediecrider 0]

What payxibka has said (about adjusting status) would only be true if you have no claim to U.S. citizenship already and I don't think we have enough information to say that the spousal application would be the most straight forward at this point.

You say your Brother got his U.S. citizenship through your Father? That may in fact be the easiest route for you. You need to investigate how he did this. You may also be entitled to claim U.S. citizenship.

A lot depends on two things:

- What year you were born in

- How many years your Father lived in the U.S. before and after his 14th birthday (and before you were born).

I'm going to guess that you were born between 1952 and 1986. If that is the case and he meets the criteria below, you may well have a claim to citizenship and all you would have to do is apply for a U.S. passport - giving all the evidence to prove the items below.

For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true [6]:

1. One of the person's parents was a U.S. citizen when the person in question was born;

2. The citizen parent lived at least 10 years in the United States before his or her child's birth;

3. A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

OMG thank you so much this one just might work !!!

the answer to the 3 these questions are yes.... I was born in 74

Now to try and get ahold of my brother.

[ediecrider 0]

Hopefully Edie comes back to read your post, Trailmix.

Welcome to VJ, Edie.

Thank You

[ediecrider 0]

What payxibka has said (about adjusting status) would only be true if you have no claim to U.S. citizenship already and I don't think we have enough information to say that the spousal application would be the most straight forward at this point.

You say your Brother got his U.S. citizenship through your Father? That may in fact be the easiest route for you. You need to investigate how he did this. You may also be entitled to claim U.S. citizenship.

A lot depends on two things:

- What year you were born in

- How many years your Father lived in the U.S. before and after his 14th birthday (and before you were born).

I'm going to guess that you were born between 1952 and 1986. If that is the case and he meets the criteria below, you may well have a claim to citizenship and all you would have to do is apply for a U.S. passport - giving all the evidence to prove the items below.

For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true [6]:

1. One of the person's parents was a U.S. citizen when the person in question was born;

2. The citizen parent lived at least 10 years in the United States before his or her child's birth;

3. A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

OMG thank you so much this one just might work !!!

the answer to the 3 these questions are yes.... I was born in 74

Now to try and get ahold of my brother.

Ok so say I can get the papers to prove this then what do I just fill out an app for an Amercian passport and give them the papers or what ???

[trailmix 77]

Ok so say I can get the papers to prove this then what do I just fill out an app for an Amercian passport and give them the papers or what ???

Yes that's correct, after you talk to your Brother and confirm that you meet the criteria, if you have any questions, don't hesitate to come back and ask!

[trailmix 77]

If I am not mistaken, the OP's facts and circumstances on any potential "claim to citizenship" are the same today as they were back in 1993. If the OP had a valid claim to citizenship, the consulate would have resolved it back then before issuing the OP a visa that resulted in an alien card (ie..greencard). It appears from the limited information that the OP allowed her conditional card to expire without removing conditions.

You are correct, the OP's facts and circumstances on any potential claim are the same as they were in 1993 and in fact are the same as they were in 1974 when she was born.

What would make you think that any consulate would believe the onus was on them to check an applicants possible claim to derivative citizenship? I don't know why you would jump to that conclusion?

It absolutely seems that the OP allowed her conditional card to expire without removing conditions, but I don't see what that has to do with her possible claim to citizenship?

[payxibka 10,047]

If I am not mistaken, the OP's facts and circumstances on any potential "claim to citizenship" are the same today as they were back in 1993. If the OP had a valid claim to citizenship, the consulate would have resolved it back then before issuing the OP a visa that resulted in an alien card (ie..greencard). It appears from the limited information that the OP allowed her conditional card to expire without removing conditions.

You are correct, the OP's facts and circumstances on any potential claim are the same as they were in 1993 and in fact are the same as they were in 1974 when she was born.

What would make you think that any consulate would believe the onus was on them to check an applicants possible claim to derivative citizenship? I don't know why you would jump to that conclusion?

It absolutely seems that the OP allowed her conditional card to expire without removing conditions, but I don't see what that has to do with her possible claim to citizenship?

Because that is one function the consulate is charged with... to validate any potential claim to citizenship so the person enters the USA properly...

[trailmix 77]

Because that is one function the consulate is charged with... to validate any potential claim to citizenship so the person enters the USA properly...

It is one thing that they 'do' it is not something they are 'charged' (as in, it's not their responsibility) with that I have seen.

I have personally never seen anyone state (and I could have missed it I guess) that they went to the interview at the consulate and the CO questioned them about a possible claim to citizenship.

Edited September 30, 2009 by trailmix