Can my son acquire US Citizenship due to the fact that his grandfather is a US Citizen? I am receiving conflicting advice / opinion.

[Seb Holland 0]

I am a British & Irish Citizen and live in the UK with my 15 year old son.  I believe my son may be eligible for U.S. citizenship through a process known as "expeditious naturalization" under Section 322 of the Immigration and Nationality Act (INA), and I would like to explore this possibility.

My situation is as follows:  Although I am 51 years old now, approximately three years ago, via a DNA test, I discovered and happily met my biological father (who I'm now in regular contact with and am about to visit for the fourth time in California in a few weeks).  He is a U.S. citizen by birth and has resided in the U.S. his entire life.  He never knew that I existed and is delighted to have found me too (I'm his only child).

When I made an appointment and visited the US embassy in London, the official there told me that, under the circumstances,I was not be eligible for U.S. citizenship myself, since I would have to had become a citizen before the age of 18.  However, the official told me that my son might be / would be eligible since he is only 15.  (The official said that if my father, (my son's grandfather), would sponsor him, I guess that means agree to be financially responsible for him until the age of 18, then he could aquire citizenship (and later on a passport).

I read the following on the US Embassy website of Ireland:

 

Child Citizenship Act 2000

Expeditious naturalization through a grandparent

Under the Child Citizenship Act of 2000, a child under age 18 who has a U.S. citizen grandparent who meets the physical presence requirements may qualify for expeditious naturalization under the Immigration and Nationality Act.  Although not entitled to U.S. citizenship at birth, the child can, through this procedure, become a U.S. citizen by naturalization without first having to take up residence in the United States. It is, however, necessary for the child to travel to the United States for the naturalization, and all applications and documentation must be submitted and approved beforehand. This procedure must be done through the United States Citizenship and Immigration Services  (USCIS). The process can take from six months to a year or more.  Follow link to USCIS Service and Office Locator .

I also seperately read: section 322 allows children born abroad to acquire U.S. citizenship through a U.S. citizen grandparent when the parent cannot directly transmit citizenship. 

 

However one lawyer I contacted said the following - 'quote':   

 

N-600

 

For N-600, derivative citizenship through your father, I am looking at a table as follows:

 

"Child Born Out of Wedlock to US Citizen Father and Alien Mother"

Date of birth: after 11/11/1971 but before 11/14/1986

Reference: Immigration & Nationality act (INA) 301(a)(7) and INA 309(a), as amended 11/14/86, 102 Stat. 2619, 7 FAM 1133 4-2.

 

Transmission Requirements:

 

1) Father physically present in US or possession 10 years prior to child's birth, five of which after age 14.  Honorable US military service, employment with US government or intergovernmental international organization, r as dependent unmarried son or daughter and member of the household of a parent in such service or employment, may be included; THIS IS SATISFIED

 

AND

 

2)

a) Blood relationship established between father and child, (THIS IS SATISFIED BY DNA)

b) Father a US Citizen at time of child's birth (THIS IS SATISFIED),

c) Father (unless deceased) agrees in writing to support child until 18 years, and while child is under 18 years (i) child is legitimated, (ii) father acknowledges paternity, or (iii) paternity established by court adjudication.   FAILS.   You met your father two or three years ago around age 48 or 49 years old.  

 

N-600K

You must be under age 18 when USCIS administers the oath.  You are 51.

 

N-600K for your son:

 

A US citizen grandparent may file for your son within five years of your death.  You are still alive so your father cannot file for him.

 

As you can see, I have conflicting advice here.

 

Any help or advice would be HUGELY appreciated!

 

Thanks.

 

Sebastian.

[OldUser 7,539]

You can safely ignore consular official advice. They haven't analyzed the case.

 

This is a complicated matter. Please rely on lawyer's analysis.