US Citizenship Claim born abroad my Father & Grandfather citizens.

[sjlittle]

Hi,

I've been searching for answers & documents for months and now looking for help.

My Grandfather (Born 1931- Death 1980 & lived in US) served in the US military 1952-1963, met & married my Grandmother (1936-2016 in the UK, my father was born in the UK in 1955, his birth was registered with the Consular and we have the CRBA born & living on a US base in the UK 1955-1956. My father, grandfather & Grandmother then Moved the US (possibly a military base, still waiting on further FOIA from the US) where my father & grandmother stayed for around 2 years before moving back to the UK from what we can ascertain, my grandparents split up but never divorced. My father has lived in the UK from estimated 1958 - present.

My father knew nothing of his citizenship until my grandmother passed and documents were discovered regarding payments from the US. We believed she was receiving payments for my father as a dependant. Would this count towards residency?

After finding this last year 2019 we applied for copy of the CRBA, grandfathers military history, birth certificates, marriage etc. My father has travelled to the US many times always on a ESTA in the last 8 years. He was in the Merchant navy from 18-28 so travelled the world but never resided in the US or even aware that he even was a US citizen. This proved by recent applications and a visit to the US embassy to obtain copies of CRBA.

I have the following documents pertaining to US citizenship:

Grandfather (US) Birth, Death, Marriage certificate - Army records proving length of service etc. Awaiting FOIA regarding any dependant registered etc

Grandmother (UK) Birth, Death, Marriage Certificate - proof of US entry 1956 (FIOA applied for details pertaining to her citizenship or naturalisation)

Father (UK/US) Birth UK, CRBA, marriage certificate, proof of US entry 1956 (FOIA applied for further details) he may have had a US passport when he moved to the US but we are waiting on proof and further details.

My question is would there be anyway in which I could claim Citizenship? I was born in the UK 1984 in wedlock. My father a US citizen at birth my mother a UK citizen. I know if we'd know & applied before my 18th Birthday I could have used the INA 322 but sadly I've missed this possibility which from appearances would have been pretty straight forward.

Thanking you in advance.

 

[newacct]

If your father was not physically present in the US before your birth for a cumulative total of 10 years, including 5 years after he turned 14, then you did not get citizenship. For the purposes of this physical presence, time spent abroad as a someone in the military or US government employment, or as the dependent of someone in the military or US government employment, counts as physical presence in the US, so you should be able to count the time your grandfather was in the US military abroad as physical presence for your father, and see if it will be enough.

Yes, you could have gone through the INA 322 process to get citizenship before you turned 18 through your grandfather's physical presence, but it's too late for that now.

Your father could petition you to immigrate now, but 1) there would be a wait; about 6-7 years if you are unmarried, about 12-13 years if you are married, and 2) it would require that your father be domiciled in the US, or plan to establish domicile in the US no later than when you immigrate, to do the Affidavit of Support.

 

[sjlittle]

Thank you so much for your reply. I thought that would be case.

So annoying that it would have been so easy with the INA 322 process if we'd been aware at the time.