Double Consturctive Retnetion: Anyone have knowledge of US citizenship thru a grandpasrent?

[newbee70 0]

Likely a long shot but I recently discovered that my grandmother was a US citizen born in 1895. She married a Canadian b 1892 when she was in her late 20s. Both my parents were born in Canada (father b1927 and mother b1933). I was born in 1949 also in Canada.

The laws at the time based on the 1934 act made it impossible for my father to derive US citizenship via his mother's US birth because the citizenship could only pass thru fathers' bloodlines. This gender imbalance was corrected in 1994 with Immigration and Nationality Technical Corrections Act (INTCA) allowing citizenship to be passed thur mothers' bloodlines as well. So in 1994 he was finally a US citizen.

Unfortunately he never knew that despite travelling to the US many time for work; and he also passed away soonafter never pledging the Oath of Allegiance.

The 1940 Act which applies to me says that I could be a US citizen based on my father BUT he would have needed to reside in the US for at least 10 years before my birth.

There's the dilemma. Had he known he was a candidate for US citizenship he would have lived in the US prior to my birth with his mom's US family ~ but he did not spend more then a few summers there. He also spoke about being disappointed of not being able to be a US citizen growing up (my dad was more conservative then average Canadians lol).

So I cannot qualify for US citizenship based on my father because he failed to meet the 10 year pre-birth residence rule. Even though that rule was not corrected until 1994 which made it impossible for him anyways. But while researching this I came upon the doctrine of dble constructive retentioin which talks about individuals with grandparents who were U.S. citizens may be eligible to claim U.S. citizenship.

​Does anyone have any insight on this doctrine and if it apply to my complicated case? COuld I put forward an application for US citizenship based on my US born grandmother?

[akihon 129]

Off an immigration attorney's website:

If a parent is a US citizen "at birth," but unable to "transmit" citizenship to a child because the parent did not live in the US before the child’s birth for the required period of time, under current U.S. immigration laws, Section 322 of the ACT, the only possibility of obtaining (transmitting) U.S. Citizenship through American grandparents is as follows:

1. the child is under 18 , and in the legal custody of the US citizen parent;
2. The child’s parent is a US citizen, by either birth or naturalization.
3. The child’s US citizen grandparent lived in the US (or US possession), for at least five years, two of which were after the grandparent’s 14th birthday.

[newbee70 0]

Off an immigration attorney's website:

If a parent is a US citizen "at birth," but unable to "transmit" citizenship to a child because the parent did not live in the US before the child’s birth for the required period of time, under current U.S. immigration laws, Section 322 of the ACT, the only possibility of obtaining (transmitting) U.S. Citizenship through American grandparents is as follows:

1. the child is under 18 , and in the legal custody of the US citizen parent;
2. The child’s parent is a US citizen, by either birth or naturalization.
3. The child’s US citizen grandparent lived in the US (or US possession), for at least five years, two of which were after the grandparent’s 14th birthday.

Thanks but I am older than 18 (a lot lol) and that's the reason it doesn't work for me. Sec 322 has nothing to do with the doctrine of double constructive retention. I know about the N-600 and N-600k. The Grandparent's route only works when you are still a child. That's why I am need information about the doctrine of double constructibe retention. This also works for adults. As far as I know.

[akihon 129]

Might have to consult a lawyer about that then.