Green Card Through Deceased Father?? Couple Questions...

M

matmac

New Member
Hi there,

I am asking this question on behalf of my mother. Any help you can give is much appreciated.

My mother's father (my grandfather) was a US citizen. He died 20 years ago before passing his US citizenship on to my mother. Is there any hope of my mother applying and receiving US citizenship?

My grandfather fought in the navy, lived in the US for many years, attended school in CT and we have proof of all of this, including his old passport...

If my mother was able to get a green card, would I then be able to apply for one?

Any help would be much appreciated!

Thanks for your help...
 
Hi matmac,

Did your grandfather report a birth of your mother at US consulate in the country you live.
 
Yes, he was a US citizen at the time of my mother's birth. He did not report her birth to the embassy though...
 
More information is needed.

(1) What year was your mother born in?
(2) What year did your grandfather naturalise in?
(3) Was your mother born out of wedlock?
(4) How many years had your granfather spent in the US before your mother's birth? I am assuming more than 5, but do confirm.

matmac said:
Yes, he was a US citizen at the time of my mother's birth. He did not report her birth to the embassy though...
Click to expand...
 
Hi there,

My mother was born in 1953.

My grandfather was born in the US in 1916 and lived there until he joined the navy in 1940. He was honorably discharged from the navy in 1946.

My mother was born in a legal marriage. Her mother is not a US citizen.

My grandfather spent most of his early life in the US and at least 5 years in the navy (posted overseas) but I believe that still counts as living in the US...

Thanks
 
By my interpretation of the citizenship law covering the year your mother was born in, she is a US citizen.

Take a look at http://immigration.findlaw.com/immi...tizenship-naturalization-did-you-know(1).html

She needs to contact the nearest US embassy/consulate.

matmac said:
My mother was born in 1953.

My grandfather was born in the US in 1916 and lived there until he joined the navy in 1940. He was honorably discharged from the navy in 1946.

My mother was born in a legal marriage. Her mother is not a US citizen.
Click to expand...
 
Just added: Rules Says

"If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16. There are no conditions placed on retaining this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father legally legitimated you before your 21st birthday and you were unmarried at the time. If legitimation occurred after November 14, 1986, your father must have established paternity prior to your 18th birthday, either by acknowledgment or by court order, and must have stated in writing that he would support you financially until your 18th birthday."
 
Thanks so much for your help. Now comes the tough part...how do I prove he lived in the US for ten years? I can account for his navy years, but he didn;t attend college and digging up high school records will be close to impossible...

Maybe census records?
 
Check the town where he grew up. Maybe you can use property deed history to show his parents lived in that town while he was a child/teenager?

Maybe his high school keeps old yearbooks? Also, some libraries keep newspaper archives (with electronic indexes) that could reference a high school sports story.

Are any other relatives alive that could sign an affidavit swearing to his residence?

You may want to post in the citizenship forum as they may have more experience with this there.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...
 
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