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+)
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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.
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Originally posted by newacct View PostDid 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.)
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Originally posted by newacct View PostDid 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.)
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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
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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.
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Originally posted by Enub4 View PostI 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?
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
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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
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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.
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Originally posted by newacct View PostDid 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 PostI 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.
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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.
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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.
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Originally posted by newacct View PostBecause 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.
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?
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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?
This is my personal opinion and is not to be construed as legal advice.
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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.
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Originally posted by newacct View PostBecause 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.
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?
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