US citizenship for grandchild born in Canada

[Rob'sLuv 1]

Hello All. I hope this is the proper place for this post. I am a US citizen who married a Canadian in 2006 and immigrated to Canada. After a nightmarish process that included an appeal of the initial refusal of our application because of my non-accompanying adult son's criminal record, my minor daughter and I finally "landed" on Jan 31, 2011. She was 13 when we came to Canada as temporary residents, and we haven't been back to the States since.

She is now 18 and has met and fallen in love with a Canadian. She just delivered their first child, a girl, 6 weeks ago. Although she and her partner are living together, they are not married. As I understand it, that means she does not have to meet the US residency requirements in order to obtain US citizenship for her daughter, and we plan to file a Consular Report of Birth Abroad very soon.

My question concerns her future children. Because she will eventually marry, it's my understanding that, in order for the children of the marriage too obtain US citizenship, my daughter would have to meet a residency requirement of 5 years in the US (not a problem), two years of which were after her 14th birthday (problem). This is an issue because we will be required now, in the Consular Report of Birth for her first child, to detail her US residency . . . which made it seem that, unless she moves back to the US at some point, her future children would not be eligible for citizenship.

Researching this, I came across information about Section 322 of the Immigration code that, it seems, allows her to apply for naturalization of her future children based on me (or her father) having met the US residency requirements. I am just looking for confirmation from someone who is familiar with this before we fill out paperwork for this baby that might preclude citizenship for her future siblings.

Thank you for your input.

Best Regards,

Rob's Luv

[aaron2020 11,651]

Hello All. I hope this is the proper place for this post. I am a US citizen who married a Canadian in 2006 and immigrated to Canada. After a nightmarish process that included an appeal of the initial refusal of our application because of my non-accompanying adult son's criminal record, my minor daughter and I finally "landed" on Jan 31, 2011. She was 13 when we came to Canada as temporary residents, and we haven't been back to the States since.

She is now 18 and has met and fallen in love with a Canadian. She just delivered their first child, a girl, 6 weeks ago. Although she and her partner are living together, they are not married. As I understand it, that means she does not have to meet the US residency requirements in order to obtain US citizenship for her daughter, and we plan to file a Consular Report of Birth Abroad very soon.

My question concerns her future children. Because she will eventually marry, it's my understanding that, in order for the children of the marriage too obtain US citizenship, my daughter would have to meet a residency requirement of 5 years in the US (not a problem), two years of which were after her 14th birthday (problem). This is an issue because we will be required now, in the Consular Report of Birth for her first child, to detail her US residency . . . which made it seem that, unless she moves back to the US at some point, her future children would not be eligible for citizenship.

Researching this, I came across information about Section 322 of the Immigration code that, it seems, allows her to apply for naturalization of her future children based on me (or her father) having met the US residency requirements. I am just looking for confirmation from someone who is familiar with this before we fill out paperwork for this baby that might preclude citizenship for her future siblings.

Thank you for your input.

Best Regards,

Rob's Luv

Your grandchild can claim US citizen based on you meeting the 5 years residency requirement even though your daughter does not meet the 5 years residency requirement.

YOUR GRANDCHILD MUST CLAIM US CITIZENSHIP BEFORE AGE 18. The opportunity to claim US citizenship will be lost forever once the grandchild turns 18 years old.

Here are two websites with detailed instructions on how to apply. However, check with the US consular office closest to your daughter's residence first.

US Citizenship through a grandparent – a guide from the initiated; http://isranglo.wordpress.com/2007/03/13/us-citizenship-through-a-grandparent-a-guide-from-the-initiated/

Obtaining U.S. Citizenship Through a Grandparent; http://www.apsanlaw.com/law-159.Obtaining-US-Citizenship-Through-a-Grandparent.html

P.S. Any future grandchild will need to go through the same procedure to obtain US citizenship.

Edited April 2, 2012 by aaron2020

[CarolinaGirl 2]

This is pretty much what was mentioned above, but it's a quote from the US embassy website about obtaining US citizenship for children not born in the US

Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the United States Citizenship and Immigration Service (USCIS) in the Department of Homeland Security for a certificate of citizenship if the following conditions are met.

At least one parent of the child is an American citizen by birth or naturalization.

The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it.

The child is under the age of eighteen.

The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the United States Citizenship and Immigration Service in the Department of Homeland Security and go through the naturalization process.

So you as a grandparent can meet the requirements for this and any more grandchildren born.