Born to US citizen in Europe 1981. What are my rights?

DQ81

DQ81

New Member
As the title says:

I was born to a (my mother) US citizen in the Netherlands in 1981. She was married to a Brit (my father). I received British citizenship at birth as I was put on my fathers pasport for travel.

There is more to the story with a stay in the US from 1995 to 2004 ending in deportation due to a posession of class D and receiving stolen goods above 250. I completed all probation and conditions of the courts. After doing so I went on holiday, came back: 6 months later I was deported based on the aforementioned "crimes of moral turpitude". There was no jail time etc. In fact I am pretty sure I can have those records sealed now? Those convictions were in 2000, it's been over 15 years. I digress.

I have battled a lot in the past 15 years living in the Netherlands, where i was born. I have achieved a lot. I am now a proud father and business owner. Looking to the future I have a refuelled desire to figure my immigration situation out. I NEED to be able to at least visit the US as ALL of my mothers side lives there and my three sisters do as well.

So the first and most important question is: Do I qualify for US citizenship through my mother and if so how? At the time of my deportation I couldn't afford a lawyer, not much has changed, but I did some research and it came down to as much as three different sets of rules depending on your year of birth.

Who can tell me if I do qualify being born abroad to a US parent in wedlock, and if so how?

Thanks in advance,

David
 
I've answered my own question. The problem I have is that my mother was born in the US but at the age of 16 she attended High School in Belgium. She traveled back and forth regularly and her official residence was in the US. How do I go about proving her 5 years after the age of 19?

I was born in before 1986 (1981) so the 10 and 5 rule applies. Is there any way around this? A form of waiver?

"Birth Abroad to One Citizen and One Alien Parent in Wedlock
.....For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.
 
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what is the deal with the INA 301 (g) I find conflicting versions of it...

Anyone?
 
Did you mistype? It's 5 years after she turned 14.

Anyway, you can look at her passport stamps, receipts, appointments, other records, to try to add up the time she was in the US after 14 and before your birth to 5 years. School records are the best, but if she didn't to to school in the US after 16 then that doesn't help. Did she just take short trips to the US? Try to get any evidence of those trips.
 
newacct said:
Did you mistype? It's 5 years after she turned 14.

Anyway, you can look at her passport stamps, receipts, appointments, other records, to try to add up the time she was in the US after 14 and before your birth to 5 years. School records are the best, but if she didn't to to school in the US after 16 then that doesn't help. Did she just take short trips to the US? Try to get any evidence of those trips.
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I did miss type. I meant 5 years up to 19. What are the specific requirements or accepted proof of residency? She only attended 2 years of high school abroad but maintained primary residence in the US during this time. In other words; when not attending school she was in the US. How can I prove this? What is sufficient?

This is 1972 to 1977 (my mither was born in 1958) As of 1978 she moved to Europe for 20 years.

I'm trying to figure out what constitutes sufficient evidence. She like other 14 to 19 year olds of her generation did not have any bills in her name etc. She didn't attend university.

What is deemed sufficient? So I know what we are looking for.

Thanks
 
It doesn't have to be the 5 years right after she turned 14. It is the total amount of time she was physically in the US from when she turned 14 until you were born. Also, "primary residence" is irrelevant; it's just physical presence (residence or not) that matters. You said that at 16 she started attended high school in Belgium. Does that mean she was out of the US for most of the year, every year? Then that would mean not much physical presence in the US per year during those years. You will need to find physical presence from later to make up for that.

Anything that places her in the US at a specific point in time would be helpful.
 
She was in school then indeed. During those two years or less. How does one prove this physical presence? She was there attending an international school as my grandfather was working for a US company in Belgium. I'm assuming that unless it's armed forces or government employment that's irrelevant?

She still has her passport I believe showing arrivals and departures for this period.

Are we literally counting provable days that add up to 5 years? Does 8 months in the US count as a full year?

The question quite literally becomes:

How do I add and subtract in this context?

Thanks
 
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8 months is 8 months, not a full year. First, you need to see if you believe her actual physical days add up to 5 years. Does she have entry/exit stamps on her old passports? Not every single day needs to be proven, but there needs to be enough proof of things on various days to make it credible that she was physically present over a certain period of time. How much proof is necessary depends on how strict the adjudicating officer is.
 
newacct said:
8 months is 8 months, not a full year. First, you need to see if you believe her actual physical days add up to 5 years. Does she have entry/exit stamps on her old passports? Not every single day needs to be proven, but there needs to be enough proof of things on various days to make it credible that she was physically present over a certain period of time. How much proof is necessary depends on how strict the adjudicating officer is.
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Thanks. I just got some more precise information that seems promising.

My mom left for Belgium summer of 76. So that's 2.5 years solid after her 14th birthday. 2.5 more to go. She graduated in June of 76 and returned to the US. She returned to Europe late in 76 or 77. That becomes crucial later on but first this:

She moved to Belgium for my grandfather's work. He worked for Tea Pack then owned by Con Can, a US based international company. It was a 2 year project. I just came across an article in my research. If I am interpreting this correctly as my mother was a dependant unwed daughter to my grandfather at the age of 16 to at least 18 her years in Belgium as the dependant of someone employed by an international organization with which the US is asociated would count toward the physical presence requirement.

Here's a quote:

'In 1966, Congress passed an amendment which, for children born on or after December 24, 1952, permitted the transmitting U.S. citizen parent to count presence abroad in the following capacities towards the physical presence requirement:

  1. honorable service in the United States Armed Forces;
  2. employment by the United States Government;
  3. employment by an international organization with which the United States is associated; or
  4. physical presence abroad as a dependent unmarried son or daughter and a member of the household of a person employed in one of the above categories.'
Am I correct in my interpretation?
 
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It needs to be an international organization as defined in section 1 of the International Organizations Immunities Act. It doesn't sound like he was in such an organization. See 7 FAM 1133.3-3(f) for what that section means. The list of organizations is listed under 7 FAM Exhibit 1133.3-3
 
Looks like on that front there is some work to be done.

Should I start a seperate thread with regards to my deportation in 2004 and how to go about re-entry now purely to visit?
 
I am confused as to the residency or physical presence requirements my mother has to meet to ensure my right to US citizenship at birth.

Two USCIS websites ONLY refer to the proviso that my US citizen mother have lived a minimum of 5 years in the Unites states, 2 of which after the age of 14.

I have read elsewhere (NOT USCIS or government pages) that the requirements are 5 and 2, NOT 10 and 5 respectively.

What does the law stipulate with regards to those born between 1952 and 1986? The USCIS information provided is either incomplete and misleading OR there has been a retroactive change in legislation.

As my mother meets the 5/2 physical presence requirements then I am entitled to US citizenship, like my sisters. The only reason they aren't in the same boat is they were born out of wedlock.

Please someone who knows this piece of legislation well: H E L P!

It's seems so close.... all my family is American, my grandfather fought on the Japanes front in WWII. My sister served for 8 years in the US militairy... I don't want to get emotional but my situation is pretty insane if you ask me.

Really hoping for clarification and explenation as the physical presence and residency requirements applicable to my mother and I at the time of my birth in 1981.

Thanks!

Edit: here are the links to the USCIS DHS sites listing eligibility criteria. As I read section G in both of these I'm eligeble:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9696.html
 
Further research seems to plant me firmly in the 10/5 physical residence requirement category. However, my mother was underage and a dependant of my grandfather. How could she possibly influence her physicla presence in the US at that stage in her life? It seems like there must be a proviso specifically relevant to this.

I am also researching a possible link between the private sector business my grandfather worked for and a qualified American Organisation as defined by the legislation.

Again any insight or help on this would be greatly apreceated.

David
 
DQ81 said:
I am confused as to the residency or physical presence requirements my mother has to meet to ensure my right to US citizenship at birth.

Two USCIS websites ONLY refer to the proviso that my US citizen mother have lived a minimum of 5 years in the Unites states, 2 of which after the age of 14.

I have read elsewhere (NOT USCIS or government pages) that the requirements are 5 and 2, NOT 10 and 5 respectively.

What does the law stipulate with regards to those born between 1952 and 1986? The USCIS information provided is either incomplete and misleading OR there has been a retroactive change in legislation.

As my mother meets the 5/2 physical presence requirements then I am entitled to US citizenship, like my sisters. The only reason they aren't in the same boat is they were born out of wedlock.

Please someone who knows this piece of legislation well: H E L P!

It's seems so close.... all my family is American, my grandfather fought on the Japanes front in WWII. My sister served for 8 years in the US militairy... I don't want to get emotional but my situation is pretty insane if you ask me.

Really hoping for clarification and explenation as the physical presence and residency requirements applicable to my mother and I at the time of my birth in 1981.

Thanks!

Edit: here are the links to the USCIS DHS sites listing eligibility criteria. As I read section G in both of these I'm eligeble:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9696.html
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Not sure what you're confused about. You can read a summary of the laws on transmission of US citizenship to children born abroad here, and a very detailed manual at 7 FAM 1130.

The 10/5 physical presence comes from the Immigration and Nationality Act of 1952 (Public Law 82-414). This is the original act which, as amended, is still in effect today (all immigration and nationality changes since then have been amendments to this act). The change to 5/2 physical presence was made by the Immigration and Nationality Act Amendments of 1986 (Public Law 99-653), section 12. This doesn't apply to you since it was after you were born. Nationality law changes never have retroactive effect unless they specifically say so, and only a few rare obscure ones, not relevant here, have retroactive effect.
 
DQ81 said:
Further research seems to plant me firmly in the 10/5 physical residence requirement category. However, my mother was underage and a dependant of my grandfather. How could she possibly influence her physicla presence in the US at that stage in her life? It seems like there must be a proviso specifically relevant to this.

I am also researching a possible link between the private sector business my grandfather worked for and a qualified American Organisation as defined by the legislation.

Again any insight or help on this would be greatly apreceated.

David
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The law is the law. Congress decided that those conditions were appropriate. The rationale was probably that certain periods of physical presence at certain ages was needed to pass on "American values" to the child; in this sense, the fact she wasn't in the US, no matter if it was voluntary or not, could connote an insufficient exposure to "American values" to pass to the child. It is not an unreasonable condition. Regardless of what the reasoning was, that's what Congress determined it should be.
 
My confusion arose from the incomplete information when one views the USCIS websites and uses it as a source of information. It doesn't go into basic detail with regards to the period of 1952 to 1986. To me a government information website should cover all the basic facts. The omission there seemed conflicting with the actual law.

We will have to agree to disagree on whether or not a condition is 'reasonable'.

Obviously others did as as well in 1986 and thus the requirements for physical presence were halved and the law amended. Because I was born after 1986 I am less receptive to American values? It took my mother longer to absorb sed values and thusly transfer them to me because she was married when I was born? My sisters got US citizenship by default because she wasnt married at the time. They are older than I am!

We were all three born in the same town and country. This aproach does not take into account the 10 years I lived in the US as a permanent resident. My formative years in High School etc.

Whatever their reasoning it is immensely frustrating and a maze of obstacles that seem convoluted and a mess at best. I was born in 1981 to two people in wedlock. An American and a Brit in the Netherlands. Result; no right to citizenship. My sisters born of the same American and Brit, in the same country, in the same city out of wedlock? American citizens. Go figure.

Thanks for keeping my eyes on the correct information. I will move forward with that. Please forgive my frustration.
 
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