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United States citizenship through Ancestry

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  • United States citizenship through Ancestry

    Can anyone help me? I received some mixed information about this topic.

    Father of my grandfather emigrate to US after world war 2. he worked there in US still for a long time and he get US citizenship. Him and his wife (my grandmother) was legitimate citizen of United States. He died in 1990 and my grandmother in 2000. Is it possible that i can get US citizenship because i am direct descendant of my great grand father. If is not manageable or me, can my grandfather become US citizen because of this?
    Thanks in advance

  • #2
    It is possible that your grandfather was a USC at birth by being born to two USC's.

    "[tlhe applicable law for transmitting citizenship to a child born abroad when [at least] one parent [was] a U.S. citizen [at time of the child's birth abroad] is the statute that was in effect at the time of the child's birth." See Chau v Immigration and Naturalization Service, 247 F.3d 1026, 1028 n.3 (9th Cir. 2001)

    If the grandfather was himself a lawful permanent resident when his parents naturalized he may have derived USC at the same time or subsequent to their naturalization.

    The applicable law for derivative citizenship purposes is "the law in effect at the time the critical events giving rise to eligibility occurred." Minasyan v. Gonzales, 401 F.3d 1069, 1075 (9th Cir. 2005); accord Jordon v. Attorney General, 424 F.3d 320, 328 (3rd Cir. 2005).

    More details are needed to explore those possibilities, because the law has changed numerous times over the course of American history.

    US Citizenship by descent (legal priciple of jus sangunis) does not go any further than from USC parent to child born abroad to such "qualifying USC parent".
    Last edited by BigJoe5; 1st March 2011, 05:26 PM.

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    • #3
      Thank you Big Joe.
      My great grandfather was born 1910 and he went to US after world war 2. My grandfather was born 1933 before his father left for US. He gain citizenship approximately in 1960, but my grandfather was newer in US.

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      • #4
        I'd forget about the great grandfather if the grandfather became a naturalized citizen.
        ------------------------------------
        IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

        PD: 9/12/2000 (EB3/VA/RIR/Canada)
        I-140 RD: 12/22/2000
        I-140 AD: 7/16/2001
        RD: 8/28/2001
        ND: 10/26/2001
        FP1: 1/31/2002
        RFE: 8/2/2002
        RFE RD: 8/28/2002
        TD: 10/22/2002
        FP2: 6/19/2004
        ID: 07/15/2004
        AD: 07/15/2004
        CO: 08/18/2004
        CR: 08/23/2004
        N-400 RD: 05/21/2009
        FP: 06/13/2009
        CFR: 08/05/2009
        IL: 08/21/09
        ID: 10/7/09
        USC: 10/8/09

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        • #5
          Great grandfather became a naturalized citizen, not grandfather so i ask could it be passed down the line.

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          • #6
            If your grandfather himself didn't become a citizen, your grandfather can't transmit citizenship to any of his children or other descendants.

            It's possible your grandfather became a citizen at birth, but even if that is true, one of your parents (the child of your grandfather) must have been a citizen either before you were born or before you turned 18, in order to pass on citizenship to you. I see you haven't mentioned anything about your parents.

            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.

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            • #7
              If your grandfather himself didn't become a citizen, your grandfather can't transmit citizenship to any of his children or other descendants.

              Even if your grandfather became a citizen, one of your parents (the child of your grandfather) must have been a citizen either before you were born or before you turned 18, in order to pass on citizenship to you. I see you haven't mentioned anything about your parents.

              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


              • #8
                Originally posted by srkyboykg View Post
                Thank you Big Joe.
                My great grandfather was born 1910 and he went to US after world war 2. My grandfather was born 1933 before his father left for US. He gain citizenship approximately in 1960, but my grandfather was newer in US.
                So, your great grandparents came to the U.S. and naturalized. They went back abroad at some point? HOWEVER, they had your grandfather abroad years before coming to the U.S.

                At some point after that and ?independently? your grandfather came to the U.S. and he also naturalized in 1960-ish. Your grandfather returned abroad. Your parent was born and then you were born all back in the original country.

                You should be asking if your father has any claim to USC through his father.

                Even if your father is a USC by descent from his father, you get nothing out of that deal UNLESS your father moves to the U.S. and petitions for your on an immigrant petition (USCIS form I-130).

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                • #9
                  No Big Joe. My great grandfather was Us citizen. He was naturalized in 1960. My grandfather was newer in US. He is not US citizen. That is what i want to find out. Can he become US citizen and could it be passed down to me.

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                  • #10
                    Originally posted by srkyboykg View Post
                    No Big Joe. My great grandfather was Us citizen. He was naturalized in 1960. My grandfather was newer in US.
                    You used the word "newer" twice. Did you mean "never"?

                    He is not US citizen. That is what i want to find out. Can he become US citizen and could it be passed down to me.
                    US citizenship cannot skip a generation. For you to get citizenship through your great grandfather, your grandfather and your parent must also have been citizens.

                    Are you a permanent resident of the US?

                    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

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