Citizenship through parent

[Dominikj97]

Hi Everyone,

My Grandfather, who was born in year 1933 in Poland gain his USA citizenship in 1994 (after his father who was born in the US in 1902). He was not able to gain his citizenship earlier because of the II World War and Communism Area in Poland and additionally due to the fact that his father evidence of us citizenship was missing. Beginning of 90’s with help of his friends who lived in the US he was able to find a Church in the USA were his father was baptism (got the birth record). Based on that my grandfather received his US Citizenship and for the first time travel to USA. Now my question is if my Mother who was born in 1961 (in Wedlock) can also gain US Citizenship from her father? My grandfather prior to my mother’s birth did not visit US, but as I mentioned earlier the situation in Poland at that time did not allow him to get the US citizenship or even leave Poland.

[newacct]

I think what actually happened is that your grandfather was automatically a US citizen from birth, but just got his first US passport in 1994. People born abroad before 1941 to US citizen fathers, who had once resided in the US before the child's birth, were automatically US citizens from birth, with no specific period of physical presence required. People born before 1934 did not have retention requirements, so your grandfather could not have lost his US citizenship even if he never lived in the US when he was young.

For your mother, who was born abroad in wedlock between 1952 and 1986, to have gotten US citizenship from birth from her father, assuming her mother was not a US national, her father (your grandfather) would have had to have been physically present in the US before her birth for a cumulative total of 10 years, including 5 years after he turned 14. He clearly does not meet this. Time spent while stationed abroad in the US military or government position, or as the dependent of someone stationed abroad, also counts as physical presence in the US. There is no exception for people unable to travel to the US.

Of course, your grandfather, if alive, can petition your mother to immigrate. The married child of a US citizen is in the F3 category, with a 14.5 year wait for visa numbers (and at this age, your grandfather might not survive that long).