Grandfather born in USA

A

Ally_bee

Registered Users (C)
Hi,

Hoping someone can help me on this ongoing family question we have always wondered:

My Grandfather (on my dad’s side) was born in the US around 1917. He didn’t stay for long and returned to Ireland with his parents as an infant, but we are certain we can get a copy of his birth certificate and his parents’ marriage cert all while in the US.

My sibling has lived in the USA (illegally I’m afraid) for the past 8 years. He was in his late teens when he came out and didn’t fully understand the implications of overstaying his visa. Now he has built a life for himself and would desperially like to become legal.

My Dad is still alive and healthy and could claim citizenship I assume? but has no desire to live in the US himself. Would the fact that my slibing has outstayed his visa impact any green card hope?

If anyone can help us and we have pondered this for a long time...
 
Your Dad doesn't have to live in the US to claim citizenship through his parent(s) or keep his US citizenship. But he would have to live in the US for some time to enable you or your brother to get a green card.

However, you'll first need to establish if your father can claim citizenship in the first place. For children born outside the US there are different citizenship rules based on year of birth, time lived in the US and marital status of the parents. What year was your father born? Were your father's parents married at the time of his birth? How long did your grandfather live in the US before your father was born?
 
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Your brother's long overstay disqualified from getting a green card through your father. He would have to leave the US and wait 10 years before being allowed to return to the US.

Despite the overstay, he can possibly qualify for a green card if he marries a US citizen, but if he used the visa waiver to enter the US his overstay also probably would prevent him from getting a green card. In recent years they have been clamping down on those who abuse the visa waiver privilege by overstaying.
 
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Jackolantern said:
Your Dad doesn't have to live in the US to claim citizenship through his parent(s) or keep his US citizenship. But he would have to live in the US for some time to enable you or your brother to get a green card.
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Ah he would never stay in the US for any more length of time than a holiday.

Jackolantern said:
However, you'll first need to establish if your father can claim citizenship in the first place. For children born outside the US there are different citizenship rules based on year of birth, time lived in the US and marital status of the parents. What year was your father born? Were your father's parents married at the time of his birth? How long did your grandfather live in the US before your father was born?
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Yes they married in Philadelphia a year or two before my grandfather was born there. He was a toddler when they returned to Ireland
 
Jackolantern said:
Your brother's long overstay disqualified from getting a green card through your father. He would have to leave the US and wait 10 years before being allowed to return to the US.

Despite the overstay, he can possibly qualify for a green card if he marries a US citizen, but if he used the visa waiver to enter the US his overstay also probably would prevent him from getting a green card. In recent years they have been clamping down on those who abuse the visa waiver privilege by overstaying.
Click to expand...

This is what I feared in reference to his overstay. If the visa waiver is the 3month tourist visa, then he did use this.

I have a cousin (still here in Ireland) who also wondered if this would be possible for themselves, But I know for a fact that neither my parents or uncles/aunts would up sticks and move to the USA to gain citizenship at this stage of their lives
 
Grandpa does not appear to have lived in the U.S. long enough to have made his children citizens at birth abroad. In addition, even if dad had gotten citizenship at birth it was lost long ago when he failed to take up residence in the U.S. in a timely manner when he was younger. Even with the repeal of those "retention requirements", dad would have to proactively seek to reacquire citizenship and he did not do that.
 
Ally_bee said:
Yes they married in Philadelphia a year or two before my grandfather was born there.
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I was referring to whether your father's parents got married (your USC grandfather and your father's mother), not your grandfather's parents.

But anyway, it looks like your grandfather didn't live in the US long enough.

What about your father's mother? Was she a US citizen?
 
said Bumsta

raevsky said:
What year was your father born?
What year was your sibling born?
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Grandfather born 1917 and they returned to Ireland 1920 he never returned before he died in the 1950's) His parents married in 1916 in Philadelphia

Dad born in 1950 (has been to the USA once two years ago , for two weeks lol)

Brother born 1985

Thanks for the help everyone!!!
 
Ally_bee said:
Grandfather born 1917 and they returned to Ireland 1920 he never returned before he died in the 1950's) His parents married in 1916 in Philadelphia
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Your grandfather's parents marriage doesn't matter for the purpose of his citizenship or your father's citizenship, because your grandfather was born in the US. It's your father's parents marriage (i.e. your USC grandfather and his wife) that can be a factor in whether your father qualifies for US citizenship.

But I know for a fact that neither my parents or uncles/aunts would up sticks and move to the USA to gain citizenship at this stage of their lives
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If they qualify for US citizenship through descent, they wouldn't have to move the US to get citizenship. They can claim it through the US consulate in the country where they live by applying for a US passport.

However, to use the citizenship to sponsor another relative for a green card, they would have to move to the US around the end of the green card process.
 
Dad born in 1950 (has been to the USA once two years ago , for two weeks lol)
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Dad was not a US citizen because transmission requirement was not met. Grandfather was supposed to spend in the US 10 years, 5 of which after certain age.
 
Jackolantern said:
Your grandfather's parents marriage doesn't matter for the purpose of his citizenship or your father's citizenship, because your grandfather was born in the US. It's your father's parents marriage (i.e. your USC grandfather and his wife) that can be a factor in whether your father qualifies for US citizenship.
Click to expand...

My Grandfather returned to Ireland at 2, never returned and Married a Irish woman later in life
 
raevsky said:
Dad was not a US citizen because transmission requirement was not met. Grandfather was supposed to spend in the US 10 years, 5 of which after certain age.
Click to expand...

I found this online:
Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent between December 24, 1952 and November 13, 1986: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship providing the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen.

I’m know I am clutching at straws here, but what about pre 1952. i.e. my dad was born in 1950
 
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