Question re transmission of citizenship

[nickcentric 0]

Hi guys,

Sorry if I'm asking an obvious question—I just couldn't see the answer in some serious hours of trawling forums.

My father is American (as are my grandparents, aunties, uncles etc) but my mother is Australian.

I want to claim citizenship and apply for a passport using the DS-11 (application for US passport) in Australia but have questions re the transmission of citizenship.

Basically, my grandfather worked for Standard Oil in India and Thailand while my father was growing up. My father spent his youth between the US and India/Thailand then went to boarding school in Australia until he was 18. During this time he still spent years in the US—enough to satisfy transmission requirements but because he was young, his primary schooling was conducted overseas, and it was now so long ago (we're talking early 40s / 50s), I'm not sure how it's possible to prove it. He might have an early school record, but that'd only cover a year or so. He was otherwise privately tutored when back in the States. I have old passports but nothing before the 70s (after he was well and truly settled in Australia).

The actual DS-11 form doesn't seem to ask for supporting documentation, so do I actually need it? Or is an affidavit of physical presence enough (like this: http://photos.state.gov/libraries/australia/39176/pdf/affidavitofphysicalpresence.pdf)?

Any light someone could shed on this would be supremely helpful.e

Thanks so much in advance,

Nicholas.

[Penguin_ie 5,993]

**** Moving to CRBA as the most suitable forum *****

How old are you? Because the years needed for transmission of citizenship changed over time, especially in terms of how many years before./ after 16 are needed. Since this isn't a clear case of your father having lived in the USA for a long time, he will almost certainly be asked for proof. Might his father have old records of employing private tutors, and tax filings for their salaries?

[nickcentric 0]

Thanks so much for getting back to me. I'm 26, so I only need 5 years which is lucky.

It's possible that my grandfather would have some documentation but it's unlikely. He and my grandmother passed away years ago and I fear it would have all been cleared out (we are talking documents 65 years old!).

It just seems crazy that 99% of my family (countless aunts and uncles and cousins) are all American but I likely won't satisfy the requirements. I might just have to apply for a green card through my father (which should be easier).

Any other thoughts?

Thanks again for your help!

[AnotherLostSoul 167]

Thanks so much for getting back to me. I'm 26, so I only need 5 years which is lucky.

It's possible that my grandfather would have some documentation but it's unlikely. He and my grandmother passed away years ago and I fear it would have all been cleared out (we are talking documents 65 years old!).

It just seems crazy that 99% of my family (countless aunts and uncles and cousins) are all American but I likely won't satisfy the requirements. I might just have to apply for a green card through my father (which should be easier).

Any other thoughts?

Thanks again for your help!

I may be wrong here, but I believe you are better off applying for a green card through your dad. Seems a lot less time than trying to track down your grandfather's whereabouts, duration of stays in the US with proof etc. Especially that he has since passed away, so it is not like he can help in any way. But this is my opinion and maybe some others will have a great idea that will encourage you to do this whole thing via your grandfather.

Good luck!

[nickcentric 0]

The exact conclusion I came to.

Thanks so much for the advice though.

[newacct 688]

I may be wrong here, but I believe you are better off applying for a green card through your dad. Seems a lot less time than trying to track down your grandfather's whereabouts, duration of stays in the US with proof etc. Especially that he has since passed away, so it is not like he can help in any way. But this is my opinion and maybe some others will have a great idea that will encourage you to do this whole thing via your grandfather.

Good luck!

For his dad to petition him for a green card there would be a wait of ~8 years if he is unmarried and 11+ years if he is or will be married.

[nickcentric 0]

Woah. Was just about to apply. Did not know that there were such hectic timeframes. My whole family is American (minus my mum)... Know any workarounds off the top of your head?

[NancyNguyen 1,657]

Your relatives can help you to find a lady.

[nickcentric 0]

Ahhh my 'Merican dreamz fast fading. This sounds like an impossible task. I appreciate all the help though.