JenniferChristine

This is a really long shot, but I'm grasping for straws at this point! I'm a Canadian citizen, wanting to move to the United States to live and work. My maternal grandmother was born in the United States - however she married my grandfather (a Canadian citizen) in her early twenties, moved to Canada and eventually gave up her American citizenship altogether. The rest of her brothers and sisters and all their children still live in the United States and she visits at least once a year - but considers herself only Canadian. Can I use any of this to my advantage? My mother has never had dual citizenship, but can I apply?

Folinskyinla

Hi:

Why do you say your mother has never had dual citizenship?

JenniferChristine

My grandmother gave up her American citizenship in 1950, when she was 25 years old. My mother was born in 1958, so at the time my grandmother only held Canadian citizenship. I say that my mother has never had dual citizenship because she's never held or claimed any American passport or citizenship status. She's never tried to get dual citizenship though, so that is why I'm unclear as to whether any of this can help me.

ian-mstm

She was born in the US... she automatically became a US citizen (source = 14th Amendment to the US Constitution) regardless of how long she lived there. If she is *also* a Canadian citizen, then she is both... unless she *deliberately* renounced her US citizenship.

So, if your grandmother was still a US citizen when your mother was born (which it seems she was), and it seems she (grandmothe) lived in the US for the requisite number of years... then your mother is *also* a US citizen whether or not she has ever claimed that right.

If your mother is a US citizen, then you *might* be a US citizen. It seems a bit convoluted, but it's entirely possible that you *have* a claim to US citizenship.

Ian

meauxna

BUT, if Mother never lived in the US, how does she transmit to OP again?

ian-mstm

Hence the qualifier "might". I don't know... but you and I have seen stranger things happen!

Ian

fatbrit

There's one path through grandparents I believe if parents haven't "served their time" -- but that has to be done before the age of 18 IIRC.

Folinskyinla

Hi:

You are reaching an awful lot of conclusions that may not be justified. If your mother is a United States Citizen, she may be able to petition for you. However, the I-864 might be a problem at a later time.

Your fact situation would make a great law school examination question for immigration law.

BTW, I teach in the bi-annual Los Angeles County Bar semi-annual Immigration Law Training Course -- my topic is citizenship [not naturalization].

Folinskyinla

Hi:

Mom might be able to petition under the FB-1 or FB-3 category. It is a wait, but the possibility exists.

JenniferChristine

What does that entail?

Rete

How did your grandmother give up her US Citizenship? She went to the US Consulate and renounced her citizenship there and signed the required paperwork? If she didn't, then she remained a US Citizen.

Rete

Also whenever she comes into the US she is present herself at the border as a USC, not a Canadian citizen. So she really should be getting herself a US passport.

Folinskyinla

Hi:

I just saw this and I was mortified. And then I looked it up -- I had thought that semi-annual was twice a year and bi-annual was every other year. I now find out that semi-annual and bi-annual as synonymous while every other year is biennial. Learn something new every day.

JenniferChristine

She did renounce her US citizenship, yes.

Rete

Oh my, what a silly thing to do. In that case, I doubt that your mother is a US Citizen by virtual of having a USC parent.