Possible case for immigration?

[gmora3]

Hello all,

After deep searches in the National Archives' naturalization records, I found out that my mysterious grandfather is deceased (neither I nor my mother ever met him). I also found out a very interesting piece of information: that he became a US citizen in 1976.

My mother was born in 1961, so my grandfather was a citizen before she was 18 years old -- when he became a US citizen, she was the underage child of a US citizen.

Time for family history: my grandfather and grandmother were living in Colombia when my mother was conceived. However, my grandmother wanted to stay in Colombia to raise her child with her family, while my grandfather wanted to move to the US. There was a dramatic disagreement and fallout, so he left to the United States and never came back. As far as everyone believes, he is still alive to this day! Decades later, I've been able to uncover bits and pieces of my grandfather's life history, but of course I haven't been able to find out much through the Internet.

Regardless, those were different times (and my grandmother is a very proud woman), so, long story short, she never filed for divorce. Colombian records will claim that my mother was raised by both of her parents. In fact, I don't think records in Colombia even know that my grandfather died (we certainly didn't) so it's highly likely that my grandmother is still listed as "married" in the Colombian civil registry.

Nonetheless:
- Legal records do exist stating that my grandfather was, indeed, my mother's father (i.e. birth certificate, marriage record, normal civil identity records).
- As far as Colombian civil records can show, he married my grandmother in the 50's and never divorced from her. So, for decades, my grandmother was married to a US citizen, and legal documents exist to back up this claim.
- Their continued marriage, legally speaking, also most likely legally implied that my grandfather also had custodial rights to my mother (when she was a child).
- When my grandfather naturalized [1976], my mother was still underage, and remained underage for a few years. So, my mother was the underage and recognized daughter of a US citizen. One that, as far as Colombian records can ascertain, was my grandfather's legal dependent.

(1) Since my mother was an underage child of a US citizen, she had a right to immediately receive US citizenship through her citizen father. Can she claim that she has been a citizen all this time, from that day onwards, and that she was simply ignorant of it? I'm not sure if some sort of law/doctrine exists protecting the rights of those who are ignorant of their legal claims to citizenship, but it would be terrific and useful if it did. After all, my mother is no longer a minor, she's like 50 lol.

(2) Since my grandmother was married to a US citizen -- and, given that he died before ever divorcing her, since she widowed a US citizen -- can she still somehow use the fact that she was married to a US citizen for FIFTY years to apply for marriage-based or widow-based citizenship, or for a Green Card? Substantial legal and personal proof does exist to show that the marriage occurred in 1950- something (my grandmother still has pictures from their wedding!!), and in good faith, and that they were still married when he naturalized and through the rest of his life. Does she retain any rights to claim anything as a widow of a US citizen?

(3) Also, since his actions led to great economic hardship due to his abandonment of his uneducated/unskilled wife and newborn baby, can this be used as a way to declare themselves as "battered" wife and child of a US citizen, and apply for immigration that way? (http://www.uscis.gov/humanitarian/ba...ildren-parents)

It's very disappointing to find out that my grandfather isn't alive anymore... My intent was to try to find him before he died. But, despite having abandoned my mother and grandmother, I'm hoping that at least he can do one good thing for our family in his life, and help even one of us migrate to the United States. Even if only my grandmother can get citizenship/residency, then at least she can then claim for my mother to migrate, and maybe someday I'll be claimed too. I beg you, can someone PLEASE help me figure out if any of these scenarios -- either (1), (2), or (3) -- can be turned into a claim for immigration, for either my mom or grandmother?

I don't know which of these avenues is more, or less, of a stretch -- or if we can make simultaneous claims -- but I'm just a college student, and I don't know much about any of this stuff. Part of the desperate rush behind all of this is that I'm turning 20 this year, and if we can somehow get my mother to claim either citizenship or residency, I can still be included in her file as her underage and dependent child. I REALLY need some advice from anyone who knows what they're talking about.

Thank you!

[inadmissible]

Lucky you!
Yes, no, no.

[rayb]

If your mother was born to a father who became a U.S. citizen after her birth, she would have had to be petitioned to come to the U.S. as an immigrant before claiming U.S. citizenship based on Naturalization of her father.

I'm not sure if was able to follow your narration below, so it's not clear if you are asking the question about your mother, your grandmother or you for possible citizenship eligibility. Perhaps you can clarify your question without the challenge of reading a full genealogy first.

--Ray B

Hello all,

After deep searches in the National Archives' naturalization records, I found out that my mysterious grandfather is deceased (neither I nor my mother ever met him). I also found out a very interesting piece of information: that he became a US citizen in 1976.

My mother was born in 1961, so my grandfather was a citizen before she was 18 years old -- when he became a US citizen, she was the underage child of a US citizen.

Time for family history: my grandfather and grandmother were living in Colombia when my mother was conceived. However, my grandmother wanted to stay in Colombia to raise her child with her family, while my grandfather wanted to move to the US. There was a dramatic disagreement and fallout, so he left to the United States and never came back. As far as everyone believes, he is still alive to this day! Decades later, I've been able to uncover bits and pieces of my grandfather's life history, but of course I haven't been able to find out much through the Internet.

Regardless, those were different times (and my grandmother is a very proud woman), so, long story short, she never filed for divorce. Colombian records will claim that my mother was raised by both of her parents. In fact, I don't think records in Colombia even know that my grandfather died (we certainly didn't) so it's highly likely that my grandmother is still listed as "married" in the Colombian civil registry.

Nonetheless:
- Legal records do exist stating that my grandfather was, indeed, my mother's father (i.e. birth certificate, marriage record, normal civil identity records).
- As far as Colombian civil records can show, he married my grandmother in the 50's and never divorced from her. So, for decades, my grandmother was married to a US citizen, and legal documents exist to back up this claim.
- Their continued marriage, legally speaking, also most likely legally implied that my grandfather also had custodial rights to my mother (when she was a child).
- When my grandfather naturalized [1976], my mother was still underage, and remained underage for a few years. So, my mother was the underage and recognized daughter of a US citizen. One that, as far as Colombian records can ascertain, was my grandfather's legal dependent.

(1) Since my mother was an underage child of a US citizen, she had a right to immediately receive US citizenship through her citizen father. Can she claim that she has been a citizen all this time, from that day onwards, and that she was simply ignorant of it? I'm not sure if some sort of law/doctrine exists protecting the rights of those who are ignorant of their legal claims to citizenship, but it would be terrific and useful if it did. After all, my mother is no longer a minor, she's like 50 lol.

(2) Since my grandmother was married to a US citizen -- and, given that he died before ever divorcing her, since she widowed a US citizen -- can she still somehow use the fact that she was married to a US citizen for FIFTY years to apply for marriage-based or widow-based citizenship, or for a Green Card? Substantial legal and personal proof does exist to show that the marriage occurred in 1950- something (my grandmother still has pictures from their wedding!!), and in good faith, and that they were still married when he naturalized and through the rest of his life. Does she retain any rights to claim anything as a widow of a US citizen?

(3) Also, since his actions led to great economic hardship due to his abandonment of his uneducated/unskilled wife and newborn baby, can this be used as a way to declare themselves as "battered" wife and child of a US citizen, and apply for immigration that way? (http://www.uscis.gov/humanitarian/ba...ildren-parents)

It's very disappointing to find out that my grandfather isn't alive anymore... My intent was to try to find him before he died. But, despite having abandoned my mother and grandmother, I'm hoping that at least he can do one good thing for our family in his life, and help even one of us migrate to the United States. Even if only my grandmother can get citizenship/residency, then at least she can then claim for my mother to migrate, and maybe someday I'll be claimed too. I beg you, can someone PLEASE help me figure out if any of these scenarios -- either (1), (2), or (3) -- can be turned into a claim for immigration, for either my mom or grandmother?

I don't know which of these avenues is more, or less, of a stretch -- or if we can make simultaneous claims -- but I'm just a college student, and I don't know much about any of this stuff. Part of the desperate rush behind all of this is that I'm turning 20 this year, and if we can somehow get my mother to claim either citizenship or residency, I can still be included in her file as her underage and dependent child. I REALLY need some advice from anyone who knows what they're talking about.

Thank you!

[gmora3]

Hi Ray,

Sorry for the long post. Trying to figure out if either my mother or my grandmother can claim either citizenship or immigration, through any (or several) of these three different scenarios. Let me try to break them up and clarify them:

Essentially, my grandfather abandoned his family after my mother's birth, but never divorced from my grandmother. He naturalized later in life, while his daughter was still a minor. There was never a legal file for separation or divorce, meaning that -- legally speaking -- my grandmother was married to (and is now a widow to) a US citizen. So:
Question 1: Does my grandmother have a claim to either citizenship or immigration based on her 50-year-long marriage to (and now being a widow of) a US citizen?

When my grandfather became a citizen, my mother was still underage, as well as his legal dependent in Colombia. Citizenship is automatically passed on to underage children when you naturalize. Since this is the case, my mother had a right to claim citizenship when he naturalized. So:
Question 2: Given that she was the underage child (and legal dependent) of a US citizen for several years, my mom had a right to claim US citizenship once my grandfather naturalized. She didn't claim it because she never even knew that he had naturalized, due to his abandonment and negligence. Now that she has been informed of this, can my mother make her claim for citizenship now? Is there any law or doctrine protecting the rights of those who are ignorant or unaware of their ability to claim citizenship?

Lastly, my grandfather's actions had long-lasting negative effects: he abandoned his family, leaving his uneducated and economically helpless wife to fend for herself with a newborn child. My grandmother struggled to put her child through school, having sold her home and everything she had to keep them afloat. Since my grandfather's actions directly caused her financially instability, his abandonment and negligence of a newborn child and unskilled wife can be considered "extreme cruelty" in the eyes of the law, especially since they were his legal dependents. So:
Question 3: My mother and grandmother suffered greatly due to his extreme cruelty. Under the VAWA act, persons that underwent severe cruelty by the hand of a US citizen spouse/parent can apply for immigration, given that qualifying parenthood and marriage can be demonstrated. There is substantial legal evidence to prove his fatherhood to my mother and his marriage to my grandmother. Can my mother or grandmother claim cruelty under VAWA, and file for a green card?

The central argument here is that my mother and grandmother would have filed for immigration, had they been aware of their opportunity to, but my grandfather's abandonment rendered them ignorant of their rights. Now they have uncovered the truth. Could either of them still make a claim?

[rayb]

Your grandmother would have had to be petitioned by her husband to come to the U.S. before she could file for Naturalization.

Your mother would have had to be in the U.S. as a Green Card holder before she could claim citizenship based on her naturalized father.

Your grandmother could self-petition as a widow withinn two years of the death of her naturalized husband. After two years, she has no claim for a widow petition.

The rules regarding these issues are straight forward, but changed somewhat in the early 1970's to become even clearer, and the above two statements reflect how it is handled these days.



--Ray B

Hi Ray,

Sorry for the long post. Trying to figure out if either my mother or my grandmother can claim either citizenship or immigration, through any (or several) of these three different scenarios. Let me try to break them up and clarify them:

Essentially, my grandfather abandoned his family after my mother's birth, but never divorced from my grandmother. He naturalized later in life, while his daughter was still a minor. There was never a legal file for separation or divorce, meaning that -- legally speaking -- my grandmother was married to (and is now a widow to) a US citizen. So:
Question 1: Does my grandmother have a claim to either citizenship or immigration based on her 50-year-long marriage to (and now being a widow of) a US citizen?

When my grandfather became a citizen, my mother was still underage, as well as his legal dependent in Colombia. Citizenship is automatically passed on to underage children when you naturalize. Since this is the case, my mother had a right to claim citizenship when he naturalized. So:
Question 2: Given that she was the underage child (and legal dependent) of a US citizen for several years, my mom had a right to claim US citizenship once my grandfather naturalized. She didn't claim it because she never even knew that he had naturalized, due to his abandonment and negligence. Now that she has been informed of this, can my mother make her claim for citizenship now? Is there any law or doctrine protecting the rights of those who are ignorant or unaware of their ability to claim citizenship?

Lastly, my grandfather's actions had long-lasting negative effects: he abandoned his family, leaving his uneducated and economically helpless wife to fend for herself with a newborn child. My grandmother struggled to put her child through school, having sold her home and everything she had to keep them afloat. Since my grandfather's actions directly caused her financially instability, his abandonment and negligence of a newborn child and unskilled wife can be considered "extreme cruelty" in the eyes of the law, especially since they were his legal dependents. So:
Question 3: My mother and grandmother suffered greatly due to his extreme cruelty. Under the VAWA act, persons that underwent severe cruelty by the hand of a US citizen spouse/parent can apply for immigration, given that qualifying parenthood and marriage can be demonstrated. There is substantial legal evidence to prove his fatherhood to my mother and his marriage to my grandmother. Can my mother or grandmother claim cruelty under VAWA, and file for a green card?

The central argument here is that my mother and grandmother would have filed for immigration, had they been aware of their opportunity to, but my grandfather's abandonment rendered them ignorant of their rights. Now they have uncovered the truth. Could either of them still make a claim?