Citizenship through father rejected.

RX88

New Member
#1
I’m 27 years old and born in Germany to an American father and a German mother.
At the time of my birth, my parents were already married.
My parent did not report my birth to an American embassy and I got German citizenship.
Approximately 2 years ago I went to the embassy with my father and the clerk there explained, that I’m wasn’t eligible to claim for American citizenship, because my father hasn’t been living long enough in the US.
My father has been living only in Germany since he was like 10 years old.
He’d needed to live 2 years after his 14th birthday in the US what he didn’t.
Is there another way for me to get American citizenship through my father?
Should I maybe consider taking a lawyer for this?
Maybe there are new laws by now and there is another way.

Or is it just a waste of money and time to make another attempt?

I just don’t want to give up that easily without trying.
 

1AurCitizen

Registered Users (C)
#2
If the Embassy rejected your claim to US citizenship, a lawyer can't do anything. The rule says your father must have been physically present in the US for at least 5 years prior to your birth, at least 2 of those must be after he turned 14 years old. Based on what's been posted, him living in Germany continuously since age 10 rules you ineligible for derived US citizenship.
 

Sm1smom

Super Moderator
#3
There’s nothing a lawyer can do about this. Your father did not meet the requirements to pass on US citizenship at birth to you since he didn’t meet the 2 year after age 14 residency requirements.
 

newacct

Well-Known Member
#4
If you add up all the times your father has been in the US since he turned 14 and before your birth, does it add up to less than 2 years?

Unfortunately, if the conditions for you to acquire citizenship at birth weren't met, there is nothing you can do at this point. If you were under 18, there is a naturalization process for children residing abroad with US citizen parents to naturalize using a US citizen grandparent's physical presence, but you are over 18 so that is not available.

If your father was domiciled in the US, he could petition you to immigrate to the US (i.e. to become a US permanent resident). An unmarried over-21 child of a US citizen is in the F1 category with a wait for visa numbers of 7+ years; a married child of a US citizen is in the F3 category with a wait for visa numbers of ~12.5 years. And again this requires your father to be domiciled in the US or reestablish domicile by the time you immigrate, which doesn't sound like is his plan, so this probably wouldn't work either.
 
#6
"If your father was domiciled in the US, he could petition you to immigrate to the US (i.e. to become a US permanent resident). An unmarried over-21 child of a US citizen is in the F1 category with a wait for visa numbers of 7+ years; a married child of a US citizen is in the F3 category with a wait for visa numbers of ~12.5 years. And again this requires your father to be domiciled in the US or reestablish domicile by the time you immigrate, which doesn't sound like is his plan, so this probably wouldn't work either. "

F categories are for students right? What if you're not student anymore and can able to work what kind of H visa can we get?
 

SusieQQQ

Well-Known Member
#7
"If your father was domiciled in the US, he could petition you to immigrate to the US (i.e. to become a US permanent resident). An unmarried over-21 child of a US citizen is in the F1 category with a wait for visa numbers of 7+ years; a married child of a US citizen is in the F3 category with a wait for visa numbers of ~12.5 years. And again this requires your father to be domiciled in the US or reestablish domicile by the time you immigrate, which doesn't sound like is his plan, so this probably wouldn't work either. "

F categories are for students right? What if you're not student anymore and can able to work what kind of H visa can we get?
It's confusing because F1 is student visa, but on family based visas F1 is son or daughter over 21 of a citizen. They are different F1s.

If you want to know about work visas, suggest you start a new thread in the appropriate section, it is not applicable to OP's post on citizenship.
 

1AurCitizen

Registered Users (C)
#8
Okay, then there is nothing I can do.
Thank you anyways.
No options to derive US Citizenship, but a long term option exists for you to obtain US permanent residency (and eventual Citizenship) as outlined above. Emphasis on "long term" and requires your father to move to the US.
 

SusieQQQ

Well-Known Member
#9
No options to derive US Citizenship, but a long term option exists for you to obtain US permanent residency (and eventual Citizenship) as outlined above. Emphasis on "long term" and requires your father to move to the US.
Or, DV lottery for which Germans are eligible. But obviously, it's a lottery.
 
#10
Thank you all for your answers.
I'm not interested in any kind of visa, I just wanted to know if there is a way for me to get this citizenship.
I don't plan to move to the USA anyway, so all theses different visas don't interest me.
 

SusieQQQ

Well-Known Member
#11
If you don’t plan to move to the US, what is the point in getting citizenship? All it means is that you have to start filing tax returns with the IRS, because US citizens are obliged to file taxes no matter where they live and work. Seems a bit pointless to start filing and perhaps paying taxes somewhere you never plan to live. And you would never be able to pass the benefit of US citizenship on to a spouse or children without living there.
 

c1984

Registered Users (C)
#13
Thank you all for your answers.
I'm not interested in any kind of visa, I just wanted to know if there is a way for me to get this citizenship.
I don't plan to move to the USA anyway, so all theses different visas don't interest me.
If you had attempted acquiring US citizenship before turning 18, there's a chance you'd qualify through your grandparents, given they'd meet the presence requirements.

At this point, well, not much of a point.
 
#15
I believe if you are a citizen of Germany, you also need to get some sort of "permission" from the government there before acquiring another country's citizenship. Not sure if this rule is only specific for US citizenship or German citizens holding US Green Card, but I have known a couple of Germans who had to do this before they applied for their US citizenship.
 
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