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  • Am a Citizen?

    I am 39 year old male born to US Citizen mother and Mexican father in Mexico. Mother was US citizen through born abroad citizenship obtained through my grandfather a US military service member. I am a disabled veteran that served in the military for 10 years to include the first Dessert Storm conflict to July of 2000. I have been married to 10 years to a US citizen as well, and I am curious if I am a US citizen?

  • #2
    Originally posted by chasongrayson View Post
    I am 39 year old male born to US Citizen mother and Mexican father in Mexico. Mother was US citizen through born abroad citizenship obtained through my grandfather a US military service member. I am a disabled veteran that served in the military for 10 years to include the first Dessert Storm conflict to July of 2000. I have been married to 10 years to a US citizen as well, and I am curious if I am a US citizen?
    Were your parents married at the time of your birth? Did your mother live in the U.S. at any time prior to your birth, and if yes, for how long?

    Also, just out of curiosity, what is your status in the U.S. now? A green card?
    N-400 [Chicago office, via Nebraska Service Cntr]
    Rec'd date: 12/06/2006
    FP notice date: 12/20/2006
    FP taken (Indianapolis): 01/11/2007
    2nd FP notice 09/09/2008
    2ndFP taken (Indianapolis) 09/26/2008
    Interview letter 01/24/2009
    Interview 03/26/2009 (completed)
    Oath letter rec'd 04/29/09
    Oath date 05/14/09 (completed)
    U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

    I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

    Comment


    • #3
      Originally posted by baikal3 View Post
      Were your parents married at the time of your birth? Did your mother live in the U.S. at any time prior to your birth, and if yes, for how long?

      Also, just out of curiosity, what is your status in the U.S. now? A green card?
      Yes parents were married at the time, now divorced, father is now also a naturalized citizen. Mother lived in Calexico, California and travel back in forth to Mexico to see father who was working in Mexico. Grandfather/Grandmother lived in Calexico and grandfather went to San Diego to do his weekend military drills. I realized that I could qualify for naturalization due to having my green card for over 5 years, married to US citizen for more than 3 years, and by having served in the military during a period of conflict, however, I was curious if I was already a citizen prior to starting my naturalization paperwork, thanks.

      Comment


      • #4
        Your problem may lie in proving that your mother lived in the US for the required amount of time ... 10 years before your birth (not necessarily the last 10 years before you were born, just 10 years total), including 5 years after her 14th birthday. Digging up those 40-50 year old documents won't be easy.

        And it may be hard to prove that she was a US citizen before you were born, if she doesn't have a certificate of citizenship showing she had citizenship at birth, or an old US passport issued before you were born.

        EB3 ROW I-485 Approved: July 2007
        USC: July 2013
        I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

        Comment


        • #5
          Originally posted by chasongrayson View Post
          Yes parents were married at the time, now divorced, father is now also a naturalized citizen. Mother lived in Calexico, California and travel back in forth to Mexico to see father who was working in Mexico. Grandfather/Grandmother lived in Calexico and grandfather went to San Diego to do his weekend military drills. I realized that I could qualify for naturalization due to having my green card for over 5 years, married to US citizen for more than 3 years, and by having served in the military during a period of conflict, however, I was curious if I was already a citizen prior to starting my naturalization paperwork, thanks.
          Whether or not you derived citizenship through your mother is governed by the relevant U.S. nationality law at the time of your birth. The law changed several times over the years and you can find the relevant table here:
          http://www.uscis.gov/ilink/docView/A...html#0-0-0-967

          Since you were born in-wedlock, abroad, to one U.S. citizen parent and one alien parent, between 12/24/52 and 11/14/86, in order to derive citizenship you would have to show that your mother was a U.S. citizen at the time of your birth and that, by the time of your birth, she had been physically present in the U.S. (cumulatively, not necessarily continuously) for at least 10 years, with at least 5 of those years after she turned 14.
          It is not clear from your post if your mother satisfies these conditions, but, as Jackolantern notes, even if she does, it may be very difficult to prove that now. As I understand it, you were born around 1970-1971. She would have to prove physical presence in the U.S. for 10 years prior to your birth, which would require digging out some sort of 40-50 year old documents. This may be difficult if not impossible, depending on circumstances, particularly since many documents from that period have not been computerized and might have been permanently lost/destroyed by now. Naturalization is probably a better option for you.
          Last edited by baikal3; 16th February 2011, 08:09 AM.
          N-400 [Chicago office, via Nebraska Service Cntr]
          Rec'd date: 12/06/2006
          FP notice date: 12/20/2006
          FP taken (Indianapolis): 01/11/2007
          2nd FP notice 09/09/2008
          2ndFP taken (Indianapolis) 09/26/2008
          Interview letter 01/24/2009
          Interview 03/26/2009 (completed)
          Oath letter rec'd 04/29/09
          Oath date 05/14/09 (completed)
          U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

          I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

          Comment


          • #6
            Originally posted by chasongrayson View Post
            Yes parents were married at the time, now divorced, father is now also a naturalized citizen. Mother lived in Calexico, California and travel back in forth to Mexico to see father who was working in Mexico. Grandfather/Grandmother lived in Calexico and grandfather went to San Diego to do his weekend military drills. I realized that I could qualify for naturalization due to having my green card for over 5 years, married to US citizen for more than 3 years, and by having served in the military during a period of conflict, however, I was curious if I was already a citizen prior to starting my naturalization paperwork, thanks.
            How and when did you obtain your green card? If you got it when under 18, and don't qualify for citizenship at birth or are unable to find the documents to prove it, you may be able to qualify for derivative citizenship under the laws at the time pertaining to permanent resident children who live with their US citizen parent(s). Such documents may be easier to obtain than than documents of your mother's presence in the 1950s and 60s. Did your father naturalize before you turned 18?

            EB3 ROW I-485 Approved: July 2007
            USC: July 2013
            I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

            Comment


            • #7
              Originally posted by Jackolantern View Post
              How and when did you obtain your green card? If you got it when under 18, and don't qualify for citizenship at birth or are unable to find the documents to prove it, you may be able to qualify for derivative citizenship under the laws at the time pertaining to permanent resident children who live with their US citizen parent(s). Such documents may be easier to obtain than than documents of your mother's presence in the 1950s and 60s. Did your father naturalize before you turned 18?
              Did not get my GC until after I turned 18 right before joining the military, father did not naturalize until I was in my 20s. Mother has her passport and certificate of citizenship,

              Comment


              • #8
                Originally posted by chasongrayson View Post
                Did not get my GC until after I turned 18 right before joining the military, father did not naturalize until I was in my 20s. Mother has her passport and certificate of citizenship,
                How old was mom when you were born? If not yet 21, she cannot meet the physical presence needed to transmit USC to you at birth. If 21 or over, it remains an evidentiary issue. You have not provided enough detail on her time in the U.S. before you were born to go into specific deatils of evidence to be sought.

                Comment


                • #9
                  Originally posted by BigJoe5 View Post
                  How old was mom when you were born? If not yet 21, she cannot meet the physical presence needed to transmit USC to you at birth. If 21 or over, it remains an evidentiary issue.
                  21? The rule at the time was 10 years total presence before the birth, including 5 years after the 14th birthday. So 19 would be the minimum age for this purpose, not 21.

                  EB3 ROW I-485 Approved: July 2007
                  USC: July 2013
                  I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                  Comment


                  • #10
                    Originally posted by chasongrayson View Post
                    Did not get my GC until after I turned 18 right before joining the military, father did not naturalize until I was in my 20s. Mother has her passport and certificate of citizenship,
                    In that case the only way you may possibly have a claim to already being a U.S. citizen is if you can prove that prior to your birth your mother had been physically present in the U.S. for at least 10 years, with at least 5 of those years after the age of 14.

                    Other than that, you have to go through naturalization.
                    N-400 [Chicago office, via Nebraska Service Cntr]
                    Rec'd date: 12/06/2006
                    FP notice date: 12/20/2006
                    FP taken (Indianapolis): 01/11/2007
                    2nd FP notice 09/09/2008
                    2ndFP taken (Indianapolis) 09/26/2008
                    Interview letter 01/24/2009
                    Interview 03/26/2009 (completed)
                    Oath letter rec'd 04/29/09
                    Oath date 05/14/09 (completed)
                    U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

                    I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

                    Comment

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