Citizenship

[Grahamcracker]

hi
i don’t know if i need more evidence but here is the situation;
i am a us citizen as my mother is a us citizen, my father later naturalized i obtained my us citizenship derivatively through my mother when i was 32. My child is now seeking citizenship. I have easily met the residency requirements as a child I attended school here etc so i have the residency prior to 14 and after, however, here is the tricky part. My parents divorced long before i was 14. When I was 17 my father finally entered rehab and needed some help. I left to help him and lived with him for about 2 1/2 years, as i was not a citizen at that time i could not work, so i stayed with him he gave me an allowance etc. he relapsed pretty badly and basically dumped me on a street corner in Detroit for my mother to come and get me. I have no contact with him as a result of his continued behavior.
if i do an affidavit testifying to this and my mother does an affidavit to testify to this, and i do have my high school records showing when i left school to move with him, would this be sufficient or will immigration need more evidence? I have all of my mothers proof that she was a us citizen and i’m Sure i can obtain vital statistics records showing my fathers residency here at the time.
Thanks for any help, i just thought i would ask here before we spend thousands of dollars on an attorney for him/her to say no can do. I can also check the border crossing records to see if they recorded my entry and departure, although this was in the 80’s and i think i crossed the border with my library card....times have changed

[abumiqdad]

1. Are you familiar with the law regarding citizenship for child? (what law are you going for in your case?)

2. Where is the child now? and what status does the child have in the USA?

3. Where do you plan to apply for the citizenship? CRBA?

[sammypearl]

Hi yes familiar with the law, two years after age 14 any help is appreciated
Daugher is over 18 as I was when I got my citizenship and she would be going to the consulate

[abumiqdad]

Hi yes familiar with the law, two years after age 14 any help is appreciated
Daugher is over 18 as I was when I got my citizenship and she would be going to the consulate

Easier if you mark your answers based on the Question Number i used. Not sure which one you are answering fro.

1. Well it depends on your case, so you are going to use the citizenship from USC parents for your child ? (there is CRBA, also there is INA 320, and INA 322).

2. was she born AFTER you become USC? I think you have not made clear, you got your US Citizenship from your parents?

3. Where were you born (US soil? Foreign country?) depending on your answer, it might be easier to see how to get the Citizenship for your daughter.

4. I assume your daughter is OUT OF THE USA right now? And you are in the USA?

A. If you have been USC all your life, and you fulfill the 5 years requirement BEFORE your daughter was born, she is a USC by birth and you will have to ask her to register with a US embassy where she is a resident.

B. if she was born BEFORE you fulfilled the 5 years requirement, you would have to petition for her unfortunately. If she is still below 21, and wont turn 21 in the next 10 months, maybe you have a shot at getting this approved within 1 year but she will have to be a US Lawful Permanent Resident (LPR / GC holder) for 5 years before claiming her citizenship upon entry to the USA (since she will no longer be underage upon entry to the USA)

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

[sammypearl]

Hi abumiqdad;
I’m sorry I’m new to the forum and not good at replying in the correct order:
here is the full history
I acquired citizenship through my mother , my father is a permanent resident.
I lived in the US until I was 9 years old, I was accidentally born out of the country while visiting family.
At 9 we moved out of the US
When I was 17 i returned to live with my father for two and a half years. Therefore I have the residency before she was born and after 14.
I acquired my citizenship after she was born, although I was a citizen at birth legally through my mother. My mothers entire family for generations only lived in the US.
My issue is this:
When I lived with my father, I did not yet have my citizenship so i did not work, therefore no tax records to support my residency, I was already out of high school, so no high school records to support my residency. This was 40 years ago so I did not keep correspondence (who would have ever thought to keep a letter mailed to me by my mother or friends)
Therefore the only proof I can obtain is a letter from both of my parents, my fathers tax records from when I lived with him, proving he lived here during that time frame. I did not use a passport to enter the US (didn’t need to at the time). My parents can write affidavits notarized, and my fathers tax records, other then that i really don’t have any proof. While the USCIS even look at this or just reject it out of hand. I have all of my other needed documentation, my passport, my elementary school records etc. It really is just the two years after age 14 that seems to be the sticking point, while I have the residency, it is the proof supporting the residency.
My daughter is over 21 so really unless the embassy agrees to this proof she will have to be sponsored. Thank you for any input.

[abumiqdad]

Hi abumiqdad;
I’m sorry I’m new to the forum and not good at replying in the correct order:
here is the full history
I acquired citizenship through my mother , my father is a permanent resident.
I lived in the US until I was 9 years old, I was accidentally born out of the country while visiting family.
At 9 we moved out of the US
When I was 17 i returned to live with my father for two and a half years. Therefore I have the residency before she was born and after 14.
I acquired my citizenship after she was born, although I was a citizen at birth legally through my mother. My mothers entire family for generations only lived in the US.
My issue is this:
When I lived with my father, I did not yet have my citizenship so i did not work, therefore no tax records to support my residency, I was already out of high school, so no high school records to support my residency. This was 40 years ago so I did not keep correspondence (who would have ever thought to keep a letter mailed to me by my mother or friends)
Therefore the only proof I can obtain is a letter from both of my parents, my fathers tax records from when I lived with him, proving he lived here during that time frame. I did not use a passport to enter the US (didn’t need to at the time). My parents can write affidavits notarized, and my fathers tax records, other then that i really don’t have any proof. While the USCIS even look at this or just reject it out of hand. I have all of my other needed documentation, my passport, my elementary school records etc. It really is just the two years after age 14 that seems to be the sticking point, while I have the residency, it is the proof supporting the residency.
My daughter is over 21 so really unless the embassy agrees to this proof she will have to be sponsored. Thank you for any input.

1. did you not go to school when you were 9 years old (before you left the country)? No school records?

2. And what did you do when you came back after 17 years old? did not file tax? and how long was that period?

(sorry you seemed to be using 2 different accounts, not sure if you're the same person as the original poster).

3. How did you convince the embassy that you're a citizen in the first place?

4. I think it depends on what the embassy would say, she might have to present her case, bringing all the proofs of you meeting the 5 years residency (3 years before 14 years old, and 2 after). Maybe your father's passport so that they can check his travel records.

[sammypearl]

1. did you not go to school when you were 9 years old (before you left the country)? No school records?
yes I have my elementary school records

2. And what did you do when you came back after 17 years old? did not file tax? and how long was that period?
I lived with my father from 17-19. I did not have my citizenship yet so I could not work, I had planned on going to school but my relationship with my father fell apart and I returned to my mothers home outside the us

(sorry you seemed to be using 2 different accounts, not sure if you're the same person as the original poster).

3. How did you convince the embassy that you're a citizen in the first place?
I got citizenship derivatively through my mother whom had lived in the us her whole until I was 9 years old so I met all the criteria for citizenship.

4. I think it depends on what the embassy would say, she might have to present her case, bringing all the proofs of you meeting the 5 years residency (3 years before 14 years old, and 2 after). Maybe your father's passport so that they can check his travel records.

Right I understand that, however, 40 years ago you didn’t need your passport to do a land crossing between the US and Canada, therefore there is limited records of border crossings. I crossed using my library card.