Citizenship based on one US Parent, Grandparent

[Svankmajer]

Hi,

I am a child of a US Citizen mother and an alien father, and would like to obtain my Citizenship based on INA 301 (g) or otherwise applicable path.

The situation at hand is quite complicated and I couldnt find any similar case to rely on.
Your help will be greatly appreciated as I am pretty dispaired at this point.

I was born in 1981 and in-wedlock. my mother is a US citizen at birth abroad. she was born while my grandfather was deployed abroad on service with the US Army.
She has lived in spain as his dependant until he parished, when she was 11 Years old. until that point She was only a US citizen. My mother was never a resident of the US for that matter.
my Grandfather was born and raised in Pennsylvania until the age of 19 where he enlisted to the military.

That said, while my mother's time abroad as his dependant counts as residency, it appears insufficient (particularly in residency after the age of 14, which at this point he was no longer alive, and she was not in the United States)

Having done so much research revealed alot of information I did not previously know of, mostly directing me to the INA 322 path (naturalization through grandparent's residency in the US) which is definitely sufficient but I am no longer under 18.

So My questions are:

1. Have I missed any other path applicable to my situation?
2. Could I challenge the law in regard of INA 322 (naturalization through Grandparent) perhaps since only recently were we disclosed with the fact that he was still under military service at these years? regardless, the documentation I have nowadays definitely satisfies to comply with INA 322 but the problem now is that I am older than 18 (I am 32)
3. Could my Mother challenge the law in regard of INA 301(g) and request that her residence abroad be recognized as sufficient for transmission of citizenship, even though her father died prior or at turning 14 years old?
4. Any thoughts of things I may have missed in the context of the following laws I've been trying to comply with?

I am willing to go through a long and even pricy process in my quest but I can't even tell if I have a chance as I could not find any similarity of circumstances to compare to.
Is there any basis for my search? Please advise...

Thank you so much

 

[Jackolantern]

You would have to be still under 18 to qualify for N-600K, which is the only route to obtaining citizenship based on a grandparent's years of presence in the US when your parent lacks the required number of years. You're too old for that now.

But if you have a green card and live in the US, you may be able to apply for citizenship on your own merit.

 

[Jackolantern]

If your mother had the required number of years after age 14, you would have still been able to qualify although your over 18 now. But the N-600K based on a grandparent doesn't allow that; you would have to apply for it AND be approved before age 18.

 

[newacct]

I think you pretty much covered it.

It doesn't seem like you are U.S. citizen at birth, because your mother didn't meet the physical presence requirements (at the time of your birth, a total of 10 years of physical presence in the U.S., including 5 years after turning 14; your mother doesn't seem to meet the after 14 part). So unless it turns out that your father is a U.S. citizen or something. And, yes, the INA 322 process must be completed before 18 (you have to take the oath in the U.S. before turning 18), so you can't use it now.

If you want to immigrate to the U.S., your mother could move to the U.S. and petition you for a green card. It would be under F1 (if you're unmarried) or F3 (if you're married) category, which currently has a wait of 7 or 11 years, respectively. This is probably not what you were looking for though.