Do I have a claim to US citizenship

[megamitt 1]

My mother was born in the US and is a citizen. She moved to Canada as an infant with her mother. Her father(an american) stayed in the US his whole life. My mother spent her whole life in canada and obviously I was born in canada. I am over 18 now

[Terdals 2]

Initially I thought yes, you would be a citizen by birth, but after looking at the details closer, I don't think you are able to claim the citizenship unless you have contact with your grandfather. The parent has to have lived in the USA for a certain period of time as described below. So unless your mom lived in the US for at least 5 years, including a few years as a teenager, she is not able to pass on her citizenship to you. The USCIS page also talks about grandparent physical presence being sufficient. So if you can prove your grandfather's residence and citizenship in the US, and his connection to your mother and her citizenship, you may be able to claim the US citizenship. 

 

The law in effect at the time of birth determines whether someone born outside the United States to a U.S. citizen parent (or parents) is a U.S. citizen at birth. In general, these laws require that at least one parent was a U.S. citizen, and the U.S. citizen parent had lived in the United States for a period of time. 

 

A child’s U.S. citizen parent must meet the following physical presence requirements:

• The parent has been physically present in the United States or its outlying possessions for at least 5 years; and

• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5#:~:text=A child's U.S. citizen parent must meet the following physical,reached 14 years of age.

 

Edited February 26 by Terdals

[megamitt 1]

9 minutes ago, Terdals said:

Initially I thought yes, you would be a citizen by birth, but after looking at the details closer, I don't think you are able to claim the citizenship unless you have contact with your grandfather. The parent has to have lived in the USA for a certain period of time as described below. So unless your mom lived in the US for at least 5 years, including a few years as a teenager, she is not able to pass on her citizenship to you. The USCIS page also talks about grandparent physical presence being sufficient. So if you can prove your grandfather's residence and citizenship in the US, and his connection to your mother and her citizenship, you may be able to claim the US citizenship. 

 

The law in effect at the time of birth determines whether someone born outside the United States to a U.S. citizen parent (or parents) is a U.S. citizen at birth. In general, these laws require that at least one parent was a U.S. citizen, and the U.S. citizen parent had lived in the United States for a period of time. 

 

A child’s U.S. citizen parent must meet the following physical presence requirements:

• The parent has been physically present in the United States or its outlying possessions for at least 5 years; and

• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5#:~:text=A child's U.S. citizen parent must meet the following physical,reached 14 years of age.

 

That is unfortunate. So since she did not stay in the US for long enough and I am now over 18, I cannot use my grandparents to satisfy the minimum presence requirement?

 

That's too bad, I wish I had known about form n-600k a few years ago

[Boiler 45,427]

Does your Mother have any plans to move to the US?

[megamitt 1]

2 minutes ago, Boiler said:

Does your Mother have any plans to move to the US?

She does not, I am the only one with that desire

[Boiler 45,427]

4 minutes ago, megamitt said:

She does not, I am the only one with that desire

That is a shame.

[nastra30 2,284]

Indeed a shame.

Op, how old are you?

[megamitt 1]

12 minutes ago, nastra30 said:

Indeed a shame.

Op, how old are you?

I am 26. It is a shame because my grandfather is an American through and through, with family history going back hundreds of years. Him and all his siblings fought in the Vietnam war

Edited February 26 by megamitt

[nastra30 2,284]

Another bummer. I was hoping you'll say 19 or 20. If that had been the case I would have suggested for mom to petition for you anyways so that your age can be frozen in the immediate category until that someday she decides to move to the US.

Edited February 26 by nastra30

[megamitt 1]

9 minutes ago, nastra30 said:

Another bummer. I was hoping you'll say 19 or 20. If that had been the case I would have suggested for mom to petition for you anyways so that your age can be frozen until that someday she decides to move to the US.

Right, because after 21 it's a very long wait to get approval, I did read that somewhere. Employment based visa may be my best option😔. I would only qualify for an E-3 so still not ideal

Edited February 26 by megamitt

[Boiler 45,427]

E 3 is for Australians

[megamitt 1]

5 minutes ago, Boiler said:

E 3 is for Australians

That I did not know. Whichever one is available to canadian skilled trades people, I might be able to get

[appleblossom 2,420]

Just now, megamitt said:

That I did not know. Whichever one is available to canadian skilled trades people, I might be able to get

 

Unless you would qualify for EB1 or EB2 NIW, it will be whatever your employer is prepared to sponsor you for and whatever their immigration lawyers recommend. You're not likely to get a choice in the visa.

[Boiler 45,427]

The easiest option for Canadians is the TN

[SalishSea 17,786]

2 hours ago, megamitt said:

That I did not know. Whichever one is available to canadian skilled trades people, I might be able to get

Maybe you have a claim to Australian citizenship?