One parent US citizen

M

Michael MacDonald

New Member
I was born in Canada in 1971, my mother was born in the USA and is a US citizen. My father is/was a Canadian citizen. My mother left the US when she was 3 years old. My family returned to the USA when I was 10 and I lived there with my green card for 27 years. Bizarre circumstances resulted in me moving back to Canada without getting my US citizenship before I left. I've been back in Canada for 7 years now.

According to that, I don't qualify, I know. The question I have is that my parents separated when I was 14 and divorced when I was 17. My mother had custody during that time. I know that if, for example, she had naturalized during that time, I would qualify, but does this extend to those born as citizens?
 
Michael MacDonald said:
According to that, I don't qualify, I know. The question I have is that my parents separated when I was 14 and divorced when I was 17. My mother had custody during that time. I know that if, for example, she had naturalized during that time, I would qualify, but does this extend to those born as citizens?
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I’m somewhat confused by how you phrase this, though I presume what you mean by “would qualify” is that if your mother as a non-US citizen had naturalized before you were 18, then you would have automatically become a citizen too?

Those born as citizens, under particular circumstances, can pass citizenship onto their children. Your mother wouldn’t have met those conditions as she left when she was so young, but her citizenship did enable you to get a green card when you moved back and that (green card then naturalization) would then have been your “qualifying” path to citizenship. It’s unfortunate that you didn’t do it back then having had a green card for so long. To do it now I believe you would have to find a way to get another green card and start from scratch again building up residency and meeting the continuous and physical presence requirements.
 
Yeah, I thought that was the case. It's annoying that I'm so close to having citizenship, but don't. I'm permanently in Canada, now, which is fine. I don't plan to move back. The issue comes when I try to visit family. Since I'm in that fringe, I get hassled quite a bit at the border. I wouldn't care, otherwise.
 
Your mom was born in the US, so she is a US citizen. Did you ever live with your mom with a green card before the age of 18? You may have already been a citizen.

These conditions must be met before you turn 18 years of age:
1. Your parent must be a U.S. citizen;
2. You must be the biological child of that U.S. citizen parent;
3. You must be lawfully admitted to the United States for lawful permanent residence; and
4. You must be living in the United States in the legal and physical custody of your U.S. citizen parent.
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If you were under the legal and physical custody of your mother before you turned 18, then you are a US citizen.

Try applying for a US passport. Your case does not seem to be all that complicated.
 
Cthulhu_Reborn said:
Your mom was born in the US, so she is a US citizen. Did you ever live with your mom with a green card before the age of 18? You may have already been a citizen.



If you were under the legal and physical custody of your mother before you turned 18, then you are a US citizen.

Try applying for a US passport. Your case does not seem to be all that complicated.
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The answer to that question is yes, but does that rule count if I was born before 1976?
 
EDIT: sorry, you're probably out of luck since you turned 18 way before 2001, unless somebody else can correct me on this.
 
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Cthulhu_Reborn said:
EDIT: sorry, you're probably out of luck since you turned 18 way before 2001, unless somebody else can correct me on this.
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The effective date of the Child Citizenship Act is February 27, 2001. Persons under the age of 18 on or after that date who met/meet the requirements of INA Section 320 automatically acquire(d) U.S. citizenship. Persons who were 18 years of age or older as of February 27, 2001 cannot acquire U.S. citizenship under the Child Citizenship Act. They may, however, have acquired U.S. citizenship in accordance with the prior versions of INA Sections 320 or 322, or former INA Section 321

Yeah, but I need to look at the old rulings thinking in terms of single parent. I don't think there's anything, but I hadn't thought of it.
 
It's frustrating because the last time I went down to the states for my grandfather's funeral they held us up at the border for 4 hours? Maybe longer? Because of this we were late and almost missed it. Then on the way back it was in the middle of a snow storm, and they were going to hold us up again. They were laughing about how long it was going to take. Until they opened the trunk and saw the US flag in there. Then they let us right through. Which was pretty nice of them, considering how bad the weather was and how late it was. The flag is on display in my living room now next to photos of my grandfather.

So, it bothers me. And it bothers me hearing that criminals can just walk in and out while I'm scared to even visit my family or my grandfather's grave because the border patrol is going to detain me and my girlfriend for hours on end. Not fun.
 
Michael MacDonald said:
I was born in Canada in 1971, my mother was born in the USA and is a US citizen. My father is/was a Canadian citizen. My mother left the US when she was 3 years old. My family returned to the USA when I was 10 and I lived there with my green card for 27 years. Bizarre circumstances resulted in me moving back to Canada without getting my US citizenship before I left. I've been back in Canada for 7 years now.

According to that, I don't qualify, I know. The question I have is that my parents separated when I was 14 and divorced when I was 17. My mother had custody during that time. I know that if, for example, she had naturalized during that time, I would qualify, but does this extend to those born as citizens?
Click to expand...

Since you turned 18 before 2001, the previous law applies. The previous law required that one of the following to be true before you turned 18 for derivative citizenship:
  • both of your parents naturalized
  • one parent was a citizen when you were born and the other parent naturalized
  • you were born out of wedlock and your mother naturalized
  • one parent died and the other parent naturalized
  • your parents divorced, and the parent having custody naturalized
None of these apply because none of your parents naturalized (I'm presuming that your father never naturalized while you were under 18).

There didn't seem to have been any provision for derivative citizenship for the case when your parents divorced after you were born and the parent who had custody was a citizen from birth.
 
newacct said:
Since you turned 18 before 2001, the previous law applies. The previous law required that one of the following to be true before you turned 18 for derivative citizenship:
  • both of your parents naturalized
  • one parent was a citizen when you were born and the other parent naturalized
  • you were born out of wedlock and your mother naturalized
  • one parent died and the other parent naturalized
  • your parents divorced, and the parent having custody naturalized
None of these apply because none of your parents naturalized (I'm presuming that your father never naturalized while you were under 18).

There didn't seem to have been any provision for derivative citizenship for the case when your parents divorced after you were born and the parent who had custody was a citizen from birth.
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Yeah, naturalization was the trigger. I read that, while it's possible, a case like mine hasn't been tested in court. It would cost a fortune and would have a fair chance of failing.
 
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