Announcement

Collapse
No announcement yet.

Mother was US citizen-I have been refused. Any ideas?

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mother was US citizen-I have been refused. Any ideas?

    Mother was a US citizen, born and raised, came to Canada in 1932, I was born
    1947. I have been refused citizenship. Has anyone received dual US-Canadian
    citizenship and how did you do it?



  • #2
    Mother was US citizen-I have been refused. Any ideas?


    To received "derivitive" citizenship -- she must've resided in teh US i
    believe 2 of the past 5 years b4 your birth. That is if she didn't
    register your birth at the consulate. If either two aren't present --
    then you can't claim citizenship.



    Now if you *truly* believe you are/were a US citizen, you can probably
    pass through the POE with just an oral declaration of US citizenship
    since the req's to enter is a bit less then actually trying to obtain
    proof of USC -- which as you found out, is stricter and can result in
    refusal if the official guidelines aren't met.



    Now if your mom can document with letters, proof, etc. that she resided
    in the US b4 your birth -- you'll need to put that in your application
    so you can receive your certificate.



    -= nav =-


    --
    Posted via http://britishexpats.com

    Comment


    • #3
      Mother was US citizen-I have been refused. Any ideas?

      Have a look at this page:
      http://www.grasmick.com/citizen.htm

      The rules depend on when you were born. If your mother naturalised as
      a British subject or Canadian citizen before you were born, this might
      also mean she was not a US citizen at the time of your birth. I'm not
      100% clear on this, someone like Rich Wales could clarify further.

      Note that there may be tax issues if you are a US citizen.

      Jeremy
      On Thu, 4 Dec 2003 00:22:00 -0500, "Dave Gimbel" <[email protected]> wrote:Mother was a US citizen, born and raised, came to Canada in 1932, I was born1947. I have been refused citizenship. Has anyone received dual US-Canadiancitizenship and how did you do it?
      This is not intended to be legal advice in any jurisdiction

      Comment


      • #4
        Mother was US citizen-I have been refused. Any ideas?

        "supernav" wrote:
        [In order for you t]o receive "derivative" citizenship -- she must've resided in the US (I believe) 2 of the past 5 years b4 your birth.
        Not quite.

        First, the rule you're probably thinking of (which applies to someone
        born outside the US to a married couple consisting of one US citizen
        parent and one foreign parent) requires the American parent to have
        spent at least five years in the US -- during one or more periods of
        time (not necessarily a single five-year stretch) -- at any time in
        his/her life prior to the child's birth (not necessarily just before
        the birth). In addition to this five-year requirement, the American
        parent must also have spent at least two years in the US at some time
        in his/her life after his/her 14th birthday.

        Note that the requirement is for actual, literal physical presence
        in the US. Residing in the US (i.e., having one's home located in
        the US) is =not= enough (time spent travelling abroad doesn't count,
        whereas time spent travelling in the US =does= count even if one's
        home is in another country).

        All the required presence in the US by the American parent must have
        taken place =before= the child's foreign birth, or else the child
        simply does not have any basis for acquiring US citizenship via this
        rule.

        Second, the rule has been different for people born at different
        times. The version I just described is the way it's been for people
        born on or after 14 November 1986. Prior to that, the requirement
        was for the American parent to have spent at least ten (not five)
        years in the US -- including at least five (not two) years after the
        parent's 14th birthday.

        And for a person born prior to 24 December 1952, the rules were
        different yet again. In that case, the American parent must have
        resided in (i.e., had one's home in) the US for at least ten years,
        including at least five years after the parent's 16th (not 14th)
        birthday. Still other, different variations on this general theme
        apply to people born before 13 January 1941; Congress has tinkered
        with the law several times, and the operative version of the law
        is the version that was in effect when a given individual was born.

        Rich Wales [email protected] http://www.richw.org/dualcit/
        *DISCLAIMER: I am not a lawyer, professional immigration consultant,
        or consular officer. My comments are for discussion purposes only and
        are not intended to be relied upon as legal or professional advice.

        Comment


        • #5
          Mother was US citizen-I have been refused. Any ideas?

          > Mother was a US citizen, born and raised, came to Canada in 1932, I was born
          1947. I have been refused citizenship. Has anyone received dual US-Canadian citizenship and how did you do it?
          More information is needed. In particular, how much time did your
          mother spend in the US (in total) before you were born, and in
          what year was she born.

          We also need to know if your mother was still a US citizen when you
          were born, and was she married to your father when you were born.

          These points matter because the rules for derivative citizenship
          depend on these factors, and they have changed several times.

          Stephen Gallagher

          Comment


          • #6
            Mother was US citizen-I have been refused. Any ideas?

            Excuse Me If I am Incorrect but the US mother tranfers Citizenship to
            her child directly. If she was born in the US then all you should do
            it apply for a US Passport.


            [email protected] (Rich Wales) wrote in message news:<[email protected] rg>...
            "supernav" wrote:
            [In order for you t]o receive "derivative" citizenship -- she must've resided in the US (I believe) 2 of the past 5 years b4 your birth.
            Not quite. First, the rule you're probably thinking of (which applies to someone born outside the US to a married couple consisting of one US citizen parent and one foreign parent) requires the American parent to have spent at least five years in the US -- during one or more periods of time (not necessarily a single five-year stretch) -- at any time in his/her life prior to the child's birth (not necessarily just before the birth). In addition to this five-year requirement, the American parent must also have spent at least two years in the US at some time in his/her life after his/her 14th birthday. Note that the requirement is for actual, literal physical presence in the US. Residing in the US (i.e., having one's home located in the US) is =not= enough (time spent travelling abroad doesn't count, whereas time spent travelling in the US =does= count even if one's home is in another country). All the required presence in the US by the American parent must have taken place =before= the child's foreign birth, or else the child simply does not have any basis for acquiring US citizenship via this rule. Second, the rule has been different for people born at different times. The version I just described is the way it's been for people born on or after 14 November 1986. Prior to that, the requirement was for the American parent to have spent at least ten (not five) years in the US -- including at least five (not two) years after the parent's 14th birthday. And for a person born prior to 24 December 1952, the rules were different yet again. In that case, the American parent must have resided in (i.e., had one's home in) the US for at least ten years, including at least five years after the parent's 16th (not 14th) birthday. Still other, different variations on this general theme apply to people born before 13 January 1941; Congress has tinkered with the law several times, and the operative version of the law is the version that was in effect when a given individual was born. Rich Wales [email protected] http://www.richw.org/dualcit/ *DISCLAIMER: I am not a lawyer, professional immigration consultant, or consular officer. My comments are for discussion purposes only and are not intended to be relied upon as legal or professional advice.

            Comment


            • #7
              Mother was US citizen-I have been refused. Any ideas?




              Mother was born May 26, 1914. Mother was 162 days short of her 18th
              birthday, before comming to Canada. Her trip to Canada was for a visit,
              arriving in November of 1932. However the bad weather prevented her and my
              dad from returning to North Dakota (her home) While in Ontario they lived
              with my aunt. In 1933 my brother was born and dad found work in Guelph.
              That's where they moved to and settled into their first home together.
              Remember this was the depression.
              she was a US citizen when I was born.


              ----- Original Message -----
              From: "Stephen Gallagher" <[email protected]>
              Newsgroups: misc.immigration.usa
              Sent: Thursday, December 04, 2003 9:05 PM
              Subject: Re: Mother was US citizen-I have been refused. Any ideas?

              Mother was a US citizen, born and raised, came to Canada in 1932, I was
              born
              1947. I have been refused citizenship. Has anyone received dual
              US-Canadian
              citizenship and how did you do it? More information is needed. In particular, how much time did your mother spend in the US (in total) before you were born, and in what year was she born. We also need to know if your mother was still a US citizen when you were born, and was she married to your father when you were born. These points matter because the rules for derivative citizenship depend on these factors, and they have changed several times. Stephen Gallagher
              "Stephen Gallagher" <[email protected]> wrote in message
              news:[email protected] m...
              Mother was a US citizen, born and raised, came to Canada in 1932, I was
              born
              1947. I have been refused citizenship. Has anyone received dual
              US-Canadian
              citizenship and how did you do it? More information is needed. In particular, how much time did your mother spend in the US (in total) before you were born, and in what year was she born. We also need to know if your mother was still a US citizen when you were born, and was she married to your father when you were born. These points matter because the rules for derivative citizenship depend on these factors, and they have changed several times. Stephen Gallagher

              Comment


              • #8
                Mother was US citizen-I have been refused. Any ideas?

                "Mystikal Lady" wrote:
                Excuse me if I am incorrect but the US mother tranfers citizenship to her child directly. If she was born in the US then all you should do is apply for a US passport.
                You are, indeed, incorrect. See the following:

                Immigration and Nationality Act, sec. 301 (8 USC 1401)

                Immigration and Nationality Act, sec. 309 (8 USC 1409)

                http://travel.state.gov/acquisition.html

                Rich Wales [email protected] http://www.richw.org/dualcit/
                *DISCLAIMER: I am not a lawyer, professional immigration consultant,
                or consular officer. My comments are for discussion purposes only and
                are not intended to be relied upon as legal or professional advice.

                Comment


                • #9
                  Mother was US citizen-I have been refused. Any ideas?

                  Dave Gimbel wrote:
                  Mother was born May 26, 1914. Mother was 162 days short of her 18th birthday, before coming to Canada. Her trip to Canada was for a visit, arriving in November of 1932. However the bad weather prevented her and my dad from returning to North Dakota (her home).
                  I'm sorry, but it doesn't sound to me like you have a birth claim
                  to US citizenship.

                  Since (as you said) you were born in 1947, you would have a birth
                  claim to US citizenship through your mother only if your mother
                  had resided in the US for at least ten years prior to your birth
                  -- including at least five years after her 16th birthday. (That's
                  not the way the law currently reads for children born nowadays,
                  but that is the way it read when you were born in 1947, and that's
                  what would apply in your case.)

                  If your mother left the US and settled in Canada at age 17, she
                  would not have satisfied the requirement to have resided in the US
                  for at least five years after her 16th birthday, unless she moved
                  back to the US at some later time (but still prior to your birth)
                  and lived in the US for another 3-plus-something years in order to
                  satisfy the five-year requirement.

                  The fact that your mother lived in the US until age 17 would not,
                  in and of itself, be enough for you to claim US citizenship through
                  her.

                  Now, I'm making a couple of assumptions here. First, I'm assuming
                  your father is/was not a US citizen (I don't believe you said one
                  way or the other). If it happens that both your mother and your
                  father were US citizens at the time of your birth, a =much= simpler
                  and easier rule applies. In this case, you would have US citizen-
                  ship at birth provided =either= of your parents had =ever= lived in
                  the US, at =any= time in their lives (prior to your birth), and for
                  =any= amount of time -- something which your mother clearly did.
                  But again, this easier rule would apply =only= if you were the
                  child of =two= American parents (not just of one American parent).

                  I'm also assuming your parents married (each other) before your
                  birth. Please forgive me for bringing up what might sound like a
                  rude comment here, but the rules for a child born "out of wedlock"
                  to an American mother outside the US are more permissive than for
                  a child born "in wedlock" to a married couple consisting of an
                  American mother and an alien father. The current rule says that
                  a child in such a situation is a US citizen provided the single
                  American mother had spent at least one continuous full year in
                  the US at some time (any time) in her life prior to the child's
                  birth. I'm not totally sure if this same rule applied prior to
                  1952 -- and, in any case, it doesn't matter in your situation if
                  your parents were married.

                  So, unless your mom went back to live in the US for another 3-1/2
                  years prior to your birth -- or unless your father was also a US
                  citizen -- or unless you were born out of wedlock -- it doesn't
                  sound to me like you are a US citizen by birth through your mom.

                  Rich Wales [email protected] http://www.richw.org/dualcit/
                  *DISCLAIMER: I am not a lawyer, professional immigration consultant,
                  or consular officer. My comments are for discussion purposes only and
                  are not intended to be relied upon as legal or professional advice.

                  Comment


                  • #10
                    Mother was US citizen-I have been refused. Any ideas?

                    I have been following this thread and I have to respectfully disagree
                    with the opinions that have been posted.
                    This is what the website said,
                    "Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born
                    abroad out-of-wedlock to a U.S. citizen mother may acquire U.S.
                    citizenship under Section 301(g) INA, as made applicable by Section
                    309(c) INA if the mother was a U.S. citizen at the time of the child's
                    birth, and if the mother had previously been physically present in the
                    United States or one of its outlying possessions for a continuous
                    period of one year"

                    With the mother the requirements for derivative US citizenship change.
                    As you can see clearly a child born to a US mother(out of wedlock) CAN
                    get US citizenship providing the mother has lived in the US for at
                    least a year.
                    With the USC father the requirements change to years.
                    Can anyone specifically site the law thaat states that a child born of
                    a USC mother is not a USC.
                    Thanks

                    Comment


                    • #11
                      Mother was US citizen-I have been refused. Any ideas?

                      "Mystikal Lady" wrote:
                      I have been following this thread and I have to respectfully disagree with the opinions that have been posted. This is what the website said . . . . Can anyone specifically cite the law that states that a child born of a USC mother is not a USC?
                      Immigration and Nationality Act, sections 301 and 309 [8 USC 1401
                      and 1409]. These are the statutes that determine whether a child
                      born outside the US has automatic US citizenship at birth.

                      Under certain circumstances, a child born outside the US to a mother
                      who is a US citizen certainly =is= a US citizen by birth. Examples:

                      (1) The parents are married, both parents are US citizens, and the
                      mother (or the father) =ever= lived in the US or its possessions
                      (at any time, and for any amount of time, even a brief time)
                      prior to the child's birth -- see INA 301(c) / 8 USC 1401(c).
                      Note that this particular provision (unlike the other two men-
                      tioned below) talks about "residence" in the US -- i.e., actually
                      having one's home there, not just being physically in the US.

                      (2) The parents are married, the mother is a US citizen, the father
                      is not a US citizen, and the mother spent enough time in the US
                      or its possessions prior to the child's birth to satisfy the
                      requirements of INA 301(g) / 8 USC 1401(g). For children born
                      on or after 14 November 1986, this US presence requirement is
                      five years (including at least two years taking place after the
                      American parent's 14th birthday). For children born earlier,
                      the requirement was ten years (including at least five years
                      taking place after the American parent's 14th birthday). See
                      http://www.grasmick.com/citizen.htm#CITIZENSHIP%20FROM for a
                      table showing various applicable scenarios.

                      (3) The parents are =not= married, the mother is a US citizen, and
                      the mother spent at least one continuous full year in the US or
                      its possessions prior to the child's birth -- see INA 309(c) /
                      8 USC 1409(c). Note, FWIW, that it's much easier to establish
                      under the law that a non-US-born child of an American mother
                      is a US citizen if the child was born out of wedlock than if
                      the mother was married to an alien.

                      However, it's still possible for a child to be born outside the US
                      to a mother who is a US citizen, and the for the child =not= to have
                      US citizenship by birth. For example, a foreign-born child of a US
                      citizen mother married to an alien father, where the mother was born
                      in the US but moved abroad as a child and never returned to spend
                      any appreciable time in the US later in life -- or where the mother
                      was born outside the US (to an American parent or parents) but never
                      spent any time in the US at all -- would not qualify for US citizen-
                      ship at birth under any of the applicable statutes.

                      The reason I objected to your earlier posting is that it sounded
                      like you were saying that a child born outside the US to an American
                      mother was =always= automatically a US citizen, and that all such a
                      person would =ever= have to do in order to get a US passport would
                      be to establish that his/her mother was a US citizen. The situation
                      just isn't as simple as that; US officials are still going to insist
                      on seeing documentation of the mother's marriage (if any), the
                      citizenship of the father (if he was also a US citizen), and time
                      spent in the US by the mother before the child's birth.

                      Rich Wales [email protected] http://www.richw.org/dualcit/
                      *DISCLAIMER: I am not a lawyer, professional immigration consultant,
                      or consular officer. My comments are for discussion purposes only and
                      are not intended to be relied upon as legal or professional advice.

                      Comment

                      Working...
                      X