Do I have a claim to US citizenship

[Terdals 2]

20 hours ago, megamitt said:

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

Are you still in touch with you mother's father? The one that lives in the US? If he is willing to help you out, or even if you can get a copy of his records to prove his citizenship, his residency in the USA and prove that he is your mother's father(such as with his birth certificate and your mother's birth certificate) then I'm pretty sure you can claim the citizenship. That second link that I included originally says in Part C, Item 3 that if a parent doesn't fill the physical residence requirement, the grandparent can. I don't think that it would matter that you are already an adult, but you would have inherited the citizenship upon birth and the USCIS application would just be getting that already inherited citizenship registered and recognized. But the only way to do it is with your grandpa's info and documents, so I hope that you are able to get them.

 

If you have no way of getting ahold of your grandpa, it would be a lot more difficult getting everything you need to claim your US citizenship.

[nastra30 2,284]

15 minutes ago, Terdals said:

Are you still in touch with you mother's father? The one that lives in the US? If he is willing to help you out, or even if you can get a copy of his records to prove his citizenship, his residency in the USA and prove that he is your mother's father(such as with his birth certificate and your mother's birth certificate) then I'm pretty sure you can claim the citizenship. That second link that I included originally says in Part C, Item 3 that if a parent doesn't fill the physical residence requirement, the grandparent can. I don't think that it would matter that you are already an adult, but you would have inherited the citizenship upon birth and the USCIS application would just be getting that already inherited citizenship registered and recognized. But the only way to do it is with your grandpa's info and documents, so I hope that you are able to get them.

 

If you have no way of getting ahold of your grandpa, it would be a lot more difficult getting everything you need to claim your US citizenship.

I think the ship has sailed for N600K. The most basic requirement is to be under 18 years to apply.

[megamitt 1]

4 hours ago, Terdals said:

Are you still in touch with you mother's father? The one that lives in the US? If he is willing to help you out, or even if you can get a copy of his records to prove his citizenship, his residency in the USA and prove that he is your mother's father(such as with his birth certificate and your mother's birth certificate) then I'm pretty sure you can claim the citizenship. That second link that I included originally says in Part C, Item 3 that if a parent doesn't fill the physical residence requirement, the grandparent can. I don't think that it would matter that you are already an adult, but you would have inherited the citizenship upon birth and the USCIS application would just be getting that already inherited citizenship registered and recognized. But the only way to do it is with your grandpa's info and documents, so I hope that you are able to get them.

 

If you have no way of getting ahold of your grandpa, it would be a lot more difficult getting everything you need to claim your US citizenship.

Yes, I'm still in contact with him, and I'm sure he would happily provide any documentation

[Terdals 2]

47 minutes ago, megamitt said:

Yes, I'm still in contact with him, and I'm sure he would happily provide any documentation

That's great!

 

I think at this point it might be best to have a consult with a US immigration lawyer. The N-600K may not work for you anymore, but there may be some other less well known law that would apply to your situation and help you claim citizenship by birth. I think would definitely be worth the consult to see what they say. Sometimes even law schools offer consultation like services for immigration that may be helpful. Best of luck to you!

[Family 3,988]

Follow this link to review the  4 charts and see an easy read

breakdown of law in effect at time of your birth …

 

 

If for example you were born out of wedlock to a U.S.C. mother…then only one year ..excerpt from chart 2
 

https://www.shusterman.com/citizenship-through-parents/#2

We attempt to simplify the complex laws regarding acquisition and derivation of US citizenship through parents and grandparents so that they are understandable to non-lawyers.

There are 4 US Citizenship Charts that attorneys use to assist them in such cases. These charts are difficult to find on the USCIS website so we replicate them here so that you can use them to begin your research.

 

 

 

 

On/after 12/24/52 & prior to 6/12/2017

Mother had one year of continuous physical presence in the U.S. or OLP at any time prior to child’s birth.

Edited February 27 by Family

[megamitt 1]

1 hour ago, Family said:

Follow this link to review the  4 charts and see an easy read

breakdown of law in effect at time of your birth …

 

 

If for example you were born out of wedlock to a U.S.C. mother…then only one year ..excerpt from chart 2
 

https://www.shusterman.com/citizenship-through-parents/#2

We attempt to simplify the complex laws regarding acquisition and derivation of US citizenship through parents and grandparents so that they are understandable to non-lawyers.

There are 4 US Citizenship Charts that attorneys use to assist them in such cases. These charts are difficult to find on the USCIS website so we replicate them here so that you can use them to begin your research.

 

 

 

 

On/after 12/24/52 & prior to 6/12/2017

Mother had one year of continuous physical presence in the U.S. or OLP at any time prior to child’s birth.

That is really unfortunate. So due to the fact that my parents married (barely) before I was born, my mother must fulfill the 5 years residence requirement. She only has 1 or 2 years residence.

 

Thought I read somewhere else in the INA that a marriage cannot go against someone's citizenship, hmm, might need a lawyer for this one, RIP my bank account

[Family 3,988]

58 minutes ago, megamitt said:

That is really unfortunate. So due to the fact that my parents married (barely) before I was born, my mother must fulfill the 5 years residence requirement. She only has 1 or 2 years residence.

 

Thought I read somewhere else in the INA that a marriage cannot go against someone's citizenship, hmm, might need a lawyer for this one, RIP my bank account

Chart 1 from link applies to you , born in wedlock to one U.S.C. parent and you were born after year specified. 

‘Won’t cost you more than a nominal consultation fee, but now you are versed in what laws apply to you. 
😂

Am not clear what you think you read , but encourage you to hone your research before opening your wallet in a big way

 

Lay a little guilt at grandpas door and see if he can help ….maybe come for higher education purposes , enroll in a university and hand out at his house 

 

 

On/after 11/14/86	Both USCs	One had resided in the US or OLP Note 3	NONE
	One USC and one alien	USC physically present in US or OLP 5 years, at least 2 after the age of 14. Note 3

 

[megamitt 1]

24 minutes ago, Family said:

Chart 1 from link applies to you , born in wedlock to one U.S.C. parent and you were born after year specified. 

‘Won’t cost you more than a nominal consultation fee, but now you are versed in what laws apply to you. 
😂

Am not clear what you think you read , but encourage you to hone your research before opening your wallet in a big way

 

Lay a little guilt at grandpas door and see if he can help ….maybe come for higher education purposes , enroll in a university and hand out at his house 

 

 

On/after 11/14/86	Both USCs	One had resided in the US or OLP Note 3	NONE
	One USC and one alien	USC physically present in US or OLP 5 years, at least 2 after the age of 14. Note 3

 

I skimmed some of the INA over the last few days and read that. Looking back it was section 338. Which after re reading I dont think applies to me at all. Looking very very unlikely I am a us citizen at this point and will need to seek another method of admission. I have no desire to go back to school as I already have a completed trade school and have a solid career in a high demand trade. From what I've read and what others have mentioned, my best options are to convince my mom to move and then file a I-130, try and find an employer willing to sponsor a EB3, or forget citizenship and just go with a TN visa. 

[powerpuff 6,666]

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