Deceased.
 

Is it possible to obtain status through a deceased parent?

He was originally British but was a U.S. citizen for many years.

It would be much appreciated if someone could answer my query.

Thank you.

Re: Deceased.
 

By "status" I'm guessing you mean US citizenship. Is it possible? Yes. Is it likely? No - unless you were living in the US as a Permanent Resident while he was still alive.

Ian

Re: Deceased.
 

when I googled your question I could only find that a widow/widower of a USC could apply for LPR status if the deceased died less than 2 years before the application.
I would assume that this means that if you a relative other than a widow/wer then this isn't possible...but I may be wrong...what did your searches come up with?? (to the OP. not Ian)

http://www.migrationexpert.com/us/vi...tizen-visa.asp

Re: Deceased.
 

If the parent was a naturalized USC, then it is doubtful. The only ways I know of is if the parent had naturalized before the child became 18 and the child entered the US as a lawful permanent resident before their 18th birthday or resided in the US as an LPR at the time the parent naturalized, they would immediately become a US Citizen as well.

Re: Deceased.
 

You don't give enough information. When did the parent acquire US citizenship? When was the child born? How long did the parent live in the US before the child was born? Which parent was it? Were the parents married?

Re: Deceased.
 

Yes I was meaning citizenship.

Is there another route that can be pursued?
My limited knowledge is from two short discussions with two separate immigration attorney’s. One from many years back, who alluded it was possible and one a few years back who seemed to contradict the first attorney.


Well it seems your all explaining that it's not possible at least in relation to my situation.

More specifically my mother's, her father died quite sometime ago in San Francisco. With no real ties now, she wanted to be closer to where he lived for most of his adult life.

Sadly it seems that won't be possible, thank's so much for all of your help.

Re: Deceased.
 

To get an accurate date, then this will have to be researched, although it's believed to be early 1960's

When was the child born? Born - 1947

How long did the parent live in the US before the child was born? He moved to the U.S after the child was born, 13 years or so after.

Were the parents married? Yes.

Re: Deceased.
 

Not knowing how your grandfather obtained his US citizenship it would appear that your mother was at minimum 18 years or older before your grandfather came to the US.

For example, GF emigrated to the US when daughter was 13. He would not have emigrated as a USC but possibly as a permanent resident. He would qualify to apply for US naturalization either 3 years or 5 years after he become a permanent resident (the time depends on the method used to become a PR). That would mean his daughter was either 16 or 18 at the time of naturalization and note that timeline does not take into account any waiting time for the adjudication of the naturalization petition.

Re: Deceased.
 

I'm not altogether sure, although he was a union member. Would have thought he would have been helped too obtain his citizenship through them.

Would help from a union body, have helped or hindered his process?

My mother would have been no older than 13, when he first touched down in the states, without status.

OK so if he was naturalised after her 18th, does that preclude any future aplication?

Are you suggesting, that if his naturalisation took place before she turned 18 then she may have a chance?

Re: Deceased.
 

Even if he naturalized prior to her 18th birthday, the child would have to have been admitted as a lawful permanent resident at the time, be residing with the father, and all of these criteria would have had to happen on or after February 27, 2001.

Re: Deceased.
 

Well none of that happened, so it seems this is a dead end.

Re: Deceased.
 

Since I am not at all familiar with what the regulations were for passing on citizenship in the 60's, I don't have a clue.

You would need to ask an attorney that particular question. Our laws change periodically for the better or for the worse and even attorneys have problems with staying current. Who can blame them.

Age might have made a difference at that time in history.

Why would your mother want to live in the US if she had never lived here before? She is a year older than I am and believe me she will be hard pressed to obtain healthcare that is affordable for herself unless she is independently wealthy. Forget about finding employment unless her skill and career is one that is in high demand.

Good luck to her.

Re: Deceased.
 

She's been visiting the states for many years and because of her father feels more American than British.

Commitments at that time basically her family. stopped any thought of moving to the States. She made a mistake and regrets not obtaining duel citizenship when her father was alive.

She's relatively fit and retired (not wealthy) but can certainly be comfortable enough. Especially with some good friends and distant family over their, she's probably more at home on the west coast than in the UK.

Healthcare is an issue but one that may have been overcome with duel citizenship.

Anyhow it all seems fruitless from what's been explained. Will take legal advice as you've suggested.

Thanks for all your help.

Re: Deceased.
 

Just to let you know, that having dual citizenship does not make her qualify for low cost medicare at retirement age. She would need to have worked for 10 years/40 qualifying quarters under social security to be eligible. She can get it but at a higher cost and a private insurance policy in addition to that is needed as is a prescription plan.

Yes it is a shame that while her father were alive that she did not avail herself of having him apply for her green card/permanent residency. At the very least she would have been able to file for her own naturalization.

Maybe she will meet and fall in love with an American during her travels and that might solve the problem.