Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Can i get a green card?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can i get a green card?

    Hey, my grandparents lived in the United States, my father was not born there but he had the right to take out American citizenship but he did not do it, do I have any chance of getting a green card? Should I spend so much money trying to get a green card? (Im 18+)

  • #2
    Did your father live in the US for any significant amount of time before you were born?

    (p.s. There is no such thing as "right to take out American citizenship". If the conditions in the law are met for a child born abroad to acquire US citizenship at birth, the child is automatically and involuntarily a US citizen. No action is required.)

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Did your father live in the US for any significant amount of time before you were born?

      (p.s. There is no such thing as "right to take out American citizenship". If the conditions in the law are met for a child born abroad to acquire US citizenship at birth, the child is automatically and involuntarily a US citizen. No action is required.)
      He did not live there, only his parents and his sister.

      Comment


      • #4
        Originally posted by newacct View Post
        Did your father live in the US for any significant amount of time before you were born?

        (p.s. There is no such thing as "right to take out American citizenship". If the conditions in the law are met for a child born abroad to acquire US citizenship at birth, the child is automatically and involuntarily a US citizen. No action is required.)
        So if I understood correctly my father was considered an American citizen even though he had not issued American citizenship?

        Comment


        • #5
          I think you need to provide more information: your grandparents are USC? or why do you think your father could be a USC if born abroad?
          Nov 2018 - Package sent - EB - Texas Service Center
          Day 1 - Package received at the lockbox
          Day 999 - Card delivered to me - Aug 2021
          ---
          All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

          Comment


          • #6
            Originally posted by Enub4 View Post
            I think you need to provide more information: your grandparents are USC? or why do you think your father could be a USC if born abroad?
            Yes my grandparents was American citizens
            I think my father could have American citizenship because what I read about the conditions for such citizenship is that your parents are American citizens and live there for at least 5 years

            Comment


            • #7
              I think there is also a need to know if your grandparents lived in the USA, how long, and if before/after your father was born. Did your father lived in the USA? How long before he was 14 and how long after.
              I think the law has some changes over the years, so depending on what applies, you may have a chance or not.

              I'm no expert, I think newacct could help you, so you need to answer the question posted 'Did your father live in the US for any significant amount of time before you were born?'
              Good luck.
              Nov 2018 - Package sent - EB - Texas Service Center
              Day 1 - Package received at the lockbox
              Day 999 - Card delivered to me - Aug 2021
              ---
              All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

              Comment


              • #8
                Originally posted by newacct View Post
                Did your father live in the US for any significant amount of time before you were born?

                (p.s. There is no such thing as "right to take out American citizenship". If the conditions in the law are met for a child born abroad to acquire US citizenship at birth, the child is automatically and involuntarily a US citizen. No action is required.)
                Originally posted by Enub4 View Post
                I think there is also a need to know if your grandparents lived in the USA, how long, and if before/after your father was born. Did your father lived in the USA? How long before he was 14 and how long after.
                I think the law has some changes over the years, so depending on what applies, you may have a chance or not.

                I'm no expert, I think newacct could help you, so you need to answer the question posted 'Did your father live in the US for any significant amount of time before you were born?'
                Good luck.
                So my dad was not born in the United States, my grandparents were born in the United States and lived there until about the age of 30, after they left the United States. My father was born. My father never lived in the United States, But he has a sister who was born in the United States.

                Comment


                • #9
                  My guess is, because your father never lived in the USA, it will be hard to get a GC for you. Let's wait for newacct to comment on this.
                  Nov 2018 - Package sent - EB - Texas Service Center
                  Day 1 - Package received at the lockbox
                  Day 999 - Card delivered to me - Aug 2021
                  ---
                  All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

                  Comment


                  • #10
                    Originally posted by Enub4 View Post
                    My guess is, because your father never lived in the USA, it will be hard to get a GC for you. Let's wait for newacct to comment on this.
                    Ok, thanks

                    Comment


                    • #11
                      Because your father didn't spend enough physical presence in the US before your birth, assuming your mother was not a US national, you are not a US citizen. Because you are over 18, the INA 322 naturalization route using your grandparent's physical presence is also no longer available. So you will have to immigrate to the US (i.e. get a green card).

                      Your father, who is a US citizen, could petition you, but for the Affidavit of Support he would have to show that he is domiciled in the US or will re-establish domicile in the US by the time you immigrate; and also a joint sponsor would need to be found since your father won't have US income. If you are unmarried and under 21, you would be in the Immediate Relative category with no wait and will take around a year; if you are unmarried and over 21, you would be in the F1 category with a wait of around 7 years for people born in most countries; if you are married, you would be in the F3 category with a wait of around 12 years for people born in most countries.

                      This is my personal opinion and is not to be construed as legal advice.

                      Comment


                      • #12
                        Originally posted by newacct View Post
                        Because your father didn't spend enough physical presence in the US before your birth, assuming your mother was not a US national, you are not a US citizen. Because you are over 18, the INA 322 naturalization route using your grandparent's physical presence is also no longer available. So you will have to immigrate to the US (i.e. get a green card).

                        Your father, who is a US citizen, could petition you, but for the Affidavit of Support he would have to show that he is domiciled in the US or will re-establish domicile in the US by the time you immigrate; and also a joint sponsor would need to be found since your father won't have US income. If you are unmarried and under 21, you would be in the Immediate Relative category with no wait and will take around a year; if you are unmarried and over 21, you would be in the F1 category with a wait of around 7 years for people born in most countries; if you are married, you would be in the F3 category with a wait of around 12 years for people born in most countries.
                        First, thanks
                        My father is not alive, so it is not possible to do so, About what you said that i would have to immigrate to US, How can I do this?

                        Comment


                        • #13
                          Originally posted by Roeideri View Post

                          First, thanks
                          My father is not alive, so it is not possible to do so, About what you said that i would have to immigrate to US, How can I do this?
                          Okay then you would have to find some other way to immigrate like any other foreigner. Unfortunately you generally need to be petitioned by a US relative or US employer. Since you probably don't have a US relative that can petition you, you would probably have to find an employer that will petition you, which they will usually do only if you work for them on a work visa first.

                          This is my personal opinion and is not to be construed as legal advice.

                          Comment


                          • #14
                            Originally posted by newacct View Post

                            Okay then you would have to find some other way to immigrate like any other foreigner. Unfortunately you generally need to be petitioned by a US relative or US employer. Since you probably don't have a US relative that can petition you, you would probably have to find an employer that will petition you, which they will usually do only if you work for them on a work visa first.
                            ok thank you very much

                            Comment


                            • #15
                              Originally posted by newacct View Post
                              Because your father didn't spend enough physical presence in the US before your birth, assuming your mother was not a US national, you are not a US citizen. Because you are over 18, the INA 322 naturalization route using your grandparent's physical presence is also no longer available. So you will have to immigrate to the US (i.e. get a green card).

                              Your father, who is a US citizen, could petition you, but for the Affidavit of Support he would have to show that he is domiciled in the US or will re-establish domicile in the US by the time you immigrate; and also a joint sponsor would need to be found since your father won't have US income. If you are unmarried and under 21, you would be in the Immediate Relative category with no wait and will take around a year; if you are unmarried and over 21, you would be in the F1 category with a wait of around 7 years for people born in most countries; if you are married, you would be in the F3 category with a wait of around 12 years for people born in most countries.
                              newacct
                              ​​​​​​I am in a similar situation. My mother resides in the US but does not meet the 2 years residency after the age of 14 but prior to my birth. So next step is looking into the I-130 form, I am over 21 and married with children we live in Canada. How do I find out the wait times for Canadians? Do you have any insight on that?

                              Comment

                              {{modal[0].title}}

                              X

                              {{modal[0].content}}

                              {{promo.content}}

                              Working...
                              X