US citizenship elligibilty

[BabyEm 0]

Hi,

A friend of mine wants to move to the states next year and live with me (I already have american citizenship). We are both Irish and living in Ireland at the moment.

She has just told me that her grandfather was born in Pittsburgh PA but moved to Ireland when he was 3 years old. He had an Irish passport but it says born in the USA on it. His daughter (my friend's mother), never claimed american citizenship? Can she now reclaim it after all these years and if so will her daughter (my friend) be able to as well?

Thanks, Em.

[Highyella72 11]

From what I understand the mother can claim her American Citizenship through a process, however is the daughter is an adult, then she can not get her citizenship through her mother. My mother is the same situation. She is Canadian her father was American. She never got her citizenship until a few years ago, and given I was already an adult getting my citizenship through her was not an option.

[BabyEm 0]

Aww that sucks. Thanks for replying. I wonder what her chances of working in the states for a long time would be!

[newlyweds2010 208]

She will need to get a visa, chances depend on whether she finds an employer willing to sponsor her, whether a visa type is available for her at all, whether she has a US fiance, whether she is lucky and wins the GC lottery. Many options, none of which is quick and easy.

[newacct 688]

From what I understand the mother can claim her American Citizenship through a process

I don't even think the mother can. It seems the grandfather would not meet the requirements for time spent in the U.S. to pass on citizenship. This is assuming the mother's mother is not a U.S. citizen.

[Autumnal 25]

It is not a fast road. Her best bet might be to find a corporate sponsor. A marriage based visa is quicker by shades but that predicates on a relationship with a USC.

[Noel194 53]

I don't even think the mother can. It seems the grandfather would not meet the requirements for time spent in the U.S. to pass on citizenship. This is assuming the mother's mother is not a U.S. citizen.

The rules were different before 1986 and back before the 50's so the grandfather may meet the requirements to pass on to the mother but the mother would not be able to pass on to the daughter because she did not meet the time requirements.

[newacct 688]

The rules were different before 1986 and back before the 50's so the grandfather may meet the requirements to pass on to the mother but the mother would not be able to pass on to the daughter because she did not meet the time requirements.

The rules were different and stricter.

[Noel194 53]

The rules were different and stricter.

A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true (different rules apply if child was born out-of-wedlock):^[8]

1. The person's parents were married at time of birth
2. One of the person's parents was a U.S. citizen when the person in question was born
3. The citizen parent lived at least five years in the United States before the child's birth
4. A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.

INA 301(g) makes additional provisions to satisfy the physical-presence requirements for periods citizens spent abroad in "honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization." Additionally citizens, who spent time living abroad as the "dependent unmarried son or daughter and a member of the household of a person" in any of the previously mentioned organizations can also be counted.

A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.

Different rules apply for persons born abroad to one U.S. citizen before November 14, 1986. United States law on this subject changed multiple times throughout the twentieth century, and the law is applicable as it existed at the time of the individual's birth.

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 (except if born out-of-wedlock):^[8]

1. The person's parents were married at the time of birth
2. One of the person's parents was a U.S. citizen when the person was born
3. The citizen parent lived at least ten years in the United States before the child's birth;
4. A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

For persons born out-of-wedlock (mother) if all the following apply:

1. the mother was a U.S. citizen at the time of the person's birth and
2. the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person's birth^.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the person’s birth;
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
5. While the person is under the age of 18 years --
   • the person is legitimated under the law of his/her residence or domicile,
   • the father acknowledges paternity of the person in writing under oath, or
   • the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

Not necessarily

Edited May 29, 2013 by Noel194

[grrrrreat 109]

Hi,

A friend of mine wants to move to the states next year and live with me (I already have american citizenship). We are both Irish and living in Ireland at the moment.

She has just told me that her grandfather was born in Pittsburgh PA but moved to Ireland when he was 3 years old. He had an Irish passport but it says born in the USA on it. His daughter (my friend's mother), never claimed american citizenship? Can she now reclaim it after all these years and if so will her daughter (my friend) be able to as well?

Thanks, Em.

Is your friend's father a USC? Children of USC citizens who are born abroad may be USCs. It depends on how many USC parents they have (one or two), whether their parents are married or whether they were later legitimated, and whether their parents lived in the U.S. and for how long. If your friend's mother is her only USC parent but she never lived in the U.S., she probably isn't a USC.

That assumes that her mother is a USC in the first place, which would in turn depend on when she was born, how many USC parents she has, whether they were married or whether she was later legitimated and whether and how long her parents lived in the U.S. So it's a complicated analysis that requires more information.

U.S. citizenship is not "claimed" by the way. Someone who is a USC at birth is a USC whether or not they do anything about it.

[grrrrreat 109]

From what I understand the mother can claim her American Citizenship through a process, however is the daughter is an adult, then she can not get her citizenship through her mother. My mother is the same situation. She is Canadian her father was American. She never got her citizenship until a few years ago, and given I was already an adult getting my citizenship through her was not an option.

American Citizenship is not "claimed" through any process. Someone who is a USC at birth is a USC whether or not they do anything about it or not. If your mother was a USC at birth, she was always a USC whether or not she recently obtained a passport or not. If she was not a USC at birth, then she was naturalized through another process (like becoming a lawful permanent resident, residing in the U.S. for the required period, and becoming naturalized).

[Highyella72 11]

American Citizenship is not "claimed" through any process. Someone who is a USC at birth is a USC whether or not they do anything about it or not. If your mother was a USC at birth, she was always a USC whether or not she recently obtained a passport or not. If she was not a USC at birth, then she was naturalized through another process (like becoming a lawful permanent resident, residing in the U.S. for the required period, and becoming naturalized).

my mother as in the posters mother was NOT born in the U.S. and she has Canadian citizenship as the posters mother has Irish citizenship(not american through the grandfather) on her birth records, even though her father as like my mothers father was American. In order for my mother to "Claim" or have her "american citizenship" acknowledged, she had to file a N600 because she was over the age of 18 at the time. After it was completed she then received a "Certificate of Citzenship", however since by the time she had done this I was then over 18years old, I could not, like the poster, aquire my citizenship through her.

[grrrrreat 109]

my mother as in the posters mother was NOT born in the U.S. and she has Canadian citizenship as the posters mother has Irish citizenship(not american through the grandfather) on her birth records, even though her father as like my mothers father was American. In order for my mother to "Claim" or have her "american citizenship" acknowledged, she had to file a N600 because she was over the age of 18 at the time. After it was completed she then received a "Certificate of Citzenship", however since by the time she had done this I was then over 18years old, I could not, like the poster, aquire my citizenship through her.

You're not understanding what a certificate of citizenship is. There's no such thing as claiming citizenship. Persons are citizens from birth, by operation of law, or through naturalization. There's no such thing as claiming citizenship. If your mother was a US citizen at birth through her father, then she was a US citizen from birth whether or not she had obtained a Certificate of Citizenship. The Certificate of Citizenship is only proof of what her citizenship status was, it did not change it. If your mother was a US citizen from birth, and hence was a US citizen when you were born, you may have acquired US citizenship at birth assuming she met the other requirements, like having been present in the U.S. before you were born.

[AnotherLostSoul 167]

The rules kept changing on this issue, so it depends on what year the mother (grandfather's daughter) was born, and what was the rule at that time in terms of substantial presence test in the US. Now (as of 2013) there is a rule how long one must live in the states as a US citizen, and whether the child (so the mother in this case) was living in the US at any time point when her USC parent was also living here. But how it used to be at that time frame when this mother was a kid, I have no clue as I don't know more details of when she was born, and when the grandma was born. But check online at USCIS, I did come across of this on that site one time, and trace it back to see if she and then after her (if she does) if he qualifies. Good luck!