Citizenship / Passport through Grandparents

[Darren Armstrong]

Ok, I have no Idea where to start and looking for any help I can get please.

I'm 39 and Born in Australia
My Mother and father are Both born in New Zealand
My Mothers Parents are from Scotland.
My father's Father was born in the USA, Both my Father and Grandfather have Passed away
My Grandfathers Parents are all Born in the USA and lived in the USA.

Is there anyway to get a US Passport as I'm looking at traveling to the USA for an extended time

 

[Jbuff]

Ok, I have no Idea where to start and looking for any help I can get please.

I'm 39 and Born in Australia
My Mother and father are Both born in New Zealand
My Mothers Parents are from Scotland.
My father's Father was born in the USA, Both my Father and Grandfather have Passed away
My Grandfathers Parents are all Born in the USA and lived in the USA.

Is there anyway to get a US Passport as I'm looking at traveling to the USA for an extended time

Based on the info you provided. The answer is no

 

[SusieQQQ]

There is a way to get through grandparents but only if (if I understand it correctly) you can prove their residence periods in the US, your relevant parent is a citizen too, and you’re under 18. As jbuff noted, you don’t qualify on the last (and possibly not on the first two either, there’s not enough information in your first post to judge.)

In any case are you aware that if you become a citizen you have the responsibility to file taxes with the IRS annually irrespective of where you live or earn income? Probably better to just get a normal tourist visa that allows you to travel up to 6 months at a time.

 

[newacct]

Ok, I have no Idea where to start and looking for any help I can get please.

I'm 39 and Born in Australia
My Mother and father are Both born in New Zealand
My Mothers Parents are from Scotland.
My father's Father was born in the USA, Both my Father and Grandfather have Passed away
My Grandfathers Parents are all Born in the USA and lived in the USA.

Is there anyway to get a US Passport as I'm looking at traveling to the USA for an extended time

Did your father's father spend a significant amount of time in the US before your father's birth? Did your father spend a significant amount of time in the US before your birth?

 

[SusieQQQ]

Did your father's father spend a significant amount of time in the US before your father's birth? Did your father spend a significant amount of time in the US before your birth?

Doesn’t the father need to be a citizen in either case? There’s no indication whether or not a CRBA was done; father was not born in the US.

 

[newacct]

Doesn’t the father need to be a citizen in either case? There’s no indication whether or not a CRBA was done; father was not born in the US.

Yes, the father needs to be a citizen. Whether the father is a citizen is a matter of law depending on the father's father's situation at the time of birth. Whether a CRBA was done is not relevant. (I'm assuming he was not born out of wedlock which is more complicated.)

 

[SusieQQQ]

Yes, the father needs to be a citizen. Whether the father is a citizen is a matter of law depending on the father's father's situation at the time of birth. Whether a CRBA was done is not relevant. (I'm assuming he was not born out of wedlock which is more complicated.)

And the requirement for being under 18? Doesn’t that matter? Then it’s down to whether he can get proof of required physical presence with both father and grandfather deceased. (I found it telling but perhaps over interpreted the fact that it was only his great-grandparents who he noted as actually living in the US.)

[As an aside the family history of who is born where is an interesting story of migration!! I wonder where the great grandparents’ families were originally from.]

 

[newacct]

And the requirement for being under 18? Doesn’t that matter? Then it’s down to whether he can get proof of required physical presence with both father and grandfather deceased. (I found it telling but perhaps over interpreted the fact that it was only his great-grandparents who he noted as actually living in the US.)

[As an aside the family history of who is born where is an interesting story of migration!! I wonder where the great grandparents’ families were originally from.]

For automatic citizenship at birth (if his father was a citizen and met the residency requirements to pass on citizenship to him), it doesn't matter his age now.

For naturalization under INA 322, for naturalization of a child residing abroad who didn't get citizenship at birth (either because their parent didn't meet the residency requirements to pass it onto them at birth, or because their parent naturalized after birth), who is using either the citizen parent or citizen grandparent's physical presence now to naturalize, the process (including the oath in the US) must be done before the child is 18.

 

[SusieQQQ]

For automatic citizenship at birth (if his father was a citizen and met the residency requirements to pass on citizenship to him), it doesn't matter his age now.

For naturalization under INA 322, for naturalization of a child residing abroad who didn't get citizenship at birth (either because their parent didn't meet the residency requirements to pass it onto them at birth, or because their parent naturalized after birth), who is using either the citizen parent or citizen grandparent's physical presence now to naturalize, the process (including the oath in the US) must be done before the child is 18.

I was going on the assumption from what he said (father born in NZ and no mention of him living in the US,though obviously moved to Australia at some point) that INA322 would be the relevant one hence the age requirement but yes that was just an assumption and OP needs to clarify.

 

[Jbuff]

Its already difficult to prove physical presence for the resident requirement at a certain period of time. Decades after.

With father and Grandfather being deceased that difficulty now turns into some impossible.

Best bet is to get a tourist visa if visiting the U.S
Is something you wanna do.

 

[SusieQQQ]

Its already difficult to prove physical presence for the resident requirement at a certain period of time. Decades after.

With father and Grandfather being deceased that difficulty now turns into some impossible.

Best bet is to get a tourist visa if visiting the U.S
Is something you wanna do.

It’s not”impossible”, it depends what documents the family keeps. Some families are really good at passing down family history and associated paperwork, photos etc.

 

[Darren Armstrong]

Hey, thanks for the reply's..

My Grand Father grew up in the United States but no, my father Never visited the United States as my Grand Father after my Grandmother Passed put my Father and his sister into an orphanage at a very young age and my family did not locate his family till after my grand father died as there was little to no paperwork to go on.

It does not sound like its possible..

 

[SusieQQQ]

Hey, thanks for the reply's..

My Grand Father grew up in the United States but no, my father Never visited the United States as my Grand Father after my Grandmother Passed put my Father and his sister into an orphanage at a very young age and my family did not locate his family till after my grand father died as there was little to no paperwork to go on.

It does not sound like its possible..

No, on what you’ve said it would have had to have been applied for when you were under 18. Sorry for that...

 

[Darren Armstrong]

No, on what you’ve said it would have had to have been applied for when you were under 18. Sorry for that...

yeah its very sad, I wanted to work in the USA for some time as an Elvis Tribute Artist in the coming years and travel around the United States, its a lot easier with a US passport .