My grandmother has dual citizenship - US/Canada

[Kimiko]

Hi, I'm trying to get a job in the States - like most of you. I'm a Canadian citizen, and so are my parents. However, my mom's mother was born in New York and carries dual citizenship. My mom was born in 1955 (so I think she can apply for dual) however I've had a difficult time getting information on the application process. My mom will apply for her dual citizenship if that means I can get sponsored by her. How can my mom apply? How long does the process take? Any help or advice will be greatly appreciated!

Thanks! Kimiko

[canuckbro]

Just a few quick questions. Does your grandma have a US passport or does she use a Canadian passport. Did she ever renounce US citizenship? How long did she reside in the US for five or more years after the age of 14? If she never renounced her US citizenship then she has a great chance of giving you residual citizenship through your mother. The sooner you start the application process, the better. If you are over 21 and unmarried then you will be placed in the first preference category. The current delay for processing is six years or so. If your mother never knew she could become a US citizen then it might be argued that she should be granted citizenship retroactively to 1955 then you would be born as the child of a US citizen and there would be no waiting period. It's complicated but it isn't as bad as it sounds, it just depends on your grandma's actions.

[Kimiko]

Hi there! Thanks for the quick reply.

My grandmother hasn't renounced her US citizenship (she carries both passports with her when crossing the border). And she hasn't lived in the US for five consecutive years, but she lives in the States for six months of the year, and she's been doing that for over 10 years (so her time spent living in the States would be over five years).
I am 22-years-old, unmarried with no dependents, and I am completing the fourth year of my degree in journalism/pr, as well.
My mom hasn't applied for a dual citizenship because she didn't know she could. I've looked the U.S. Immigration and I haven't been able to find ANY information. Do you know how my mom or I apply? I would love to do it ASAP!
I just don't know where to go from here.
Thanks again!!

[canuckbro]

Firstly, find out what you can from your uncle. When did he become a US citizen? You will probably need to consult with an immigration lawyer but once you find out about your uncle, have your grandmother sponsor your mother. Have your mother swear out an affidavit stating that she did not know that she could acquire US citizenship through her mother and that had she known it she would have acquired it and passed it on to you. Have your grandmother swear out an affidavit stating that she did not know that she could pass US citizenship on to your mother at the time of your mother's birth. Quick question, does granmama file with the IRS? You just missed the boat by being over 21 but you might still have a shot at the IR5 (immediate) category just don't sit on your rights. Most people on these forums don't have the path to US citizenship that you do. I was looking into this a while back so I may not be as up on the latest developments in this area. If anything else comes to me, I'll let you know.