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Do I have American citizenship?

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  • Do I have American citizenship?

    Whether I am an American citizen or not has been a question that I have always wanted to know and I wonder whether any of you would be able to help me find out.

    To fill you in with the details, my great grandmother was born in New York City and was raised in Connecticut. She then married a British man and moved to Britain where she gave birth to my grandmother. It is to my understanding that my grandmother would've been an American citizen from birth as she would've been the first generation born outside the United States. When my grandmother turned 21, she married my grandfather and she always thought that this discontinued her American citizen because she married a British citizen. I haven't been able to find any information that supports this hypothesis but I shall digress. My grandmother later gave birth to my mother who was, like my grandmother, born and raised in Britain. When my mother was in her mid-30s, she gave birth to me in California and I was raised in Britain.

    My question is this, would the American citizenship of my great grandmother carry down throughout these generations on to me or not? I highly doubt this is the case but I would like to know for sure.

    If any further details are needed such as dates of any of these events, please let me know and I will be more than happy to provide them.

    All answers would be very much appreciated.
    Last edited by USOA; 03-31-2017, 11:59 AM. Reason: Mistake

  • #2
    Did your grandmother (American by decent) spend any time living in the United States?

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    • #3
      As an adult, she lived in Virginia for two years.

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      • #4
        When were your mother and you born? And how much time were your grandmother and mother physically present in the US before giving birth to the next generation?

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Me and my mother were both born and raised in Britain. My grandmother lived in Virginia for two years.

          - - - Updated - - -

          Also, I should add, my grandmother moved to Virginia after my mother became an adult.

          - - - Updated - - -

          My mother also never lived in the US.

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          • #6
            Sorry I have to keep adding to this, my mother was born in 1969 and I was born in 2000.

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            • #7
              Almost certainly neither your mother nor you have US citizenship. Since your mother was born in wedlock, at the time she was born, in order for her to get US citizenship at birth, your grandmother must have been physically present in the US before her birth for a cumulative total of 10 years, including 5 years after your grandmother turned 14. I don't think that was met. (On the other hand, if your mother had been born out of wedlock, there is a good chance she is a US citizen, because for children born out of wedlock to an American mother, the mother just had to have been physically present in the US before the birth for some continuous period of 1 year, which it sounds like your grandmother met.)

              Even if your mother had US citizenship, she wouldn't have been able to pass it onto you, because, if you were born in wedlock, then your mother would have had to have been physically present in the US before your birth for a cumulative total of 5 years, including 2 years after your mother turned 14 (and if you were born out of wedlock, again, your mother would have had to have been physically present in the US before your birth for some continuous period of 1 year), which she doesn't meet. If hypothetically your mother were a citizen but didn't pass it onto you, there is a way to apply for citizenship for you now, before you turn 18, under the INA 322 process, if your grandmother was physically present in the US, up to now, for a cumulative total of 5 years, including 2 years after turning 14. But that is moot if your mother is not a citizen.

              If your grandmother is still living in the US, she could petition for your mother to immigrate (i.e. to become a US permanent resident), but the wait in the F3 category (married child of US citizen) is about 12 years, and by then you would probably have aged out of being able to immigrate as a derivative beneficiary, and your mother would then have to petition you separately after she immigrates for even more wait, etc. This is probably not what you had in mind.

              This is my personal opinion and is not to be construed as legal advice.

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              • #8
                Thank you for your response. Unfortunately, my grandmother passed away three years ago so she wouldn't be able to petition for my mother to immigrate to the United States. I did, however, make a mistake when giving details about my circumstances. My mother was born and raised in Britain however I was born in Los Angeles, California and raised in Britain. I don't know why I made that mistake, probably because I was pretty tired while writing this out last night. I'm not sure whether this changes anything regarding the status of me having American citizenship or not, but I would appreciate it if you or someone else could let me know.

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                • #9
                  You are a US citizen by birth if you were born in California. You need to get access to your birth records.
                  Just my opinion... Use at your own risk...

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                  • #10
                    Get a copy of your birth certificate and apply for a US passport

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                    • #11
                      Thank you for all your help. I must comment, it is very unusual for a country to grant birthright citizenship. I thought with most countries that you had to have had previous generations be resident in that country in order to be eligible for citizenship. Nonetheless, I will probably begin the process of getting an American passport within the next few months.

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                      • #12
                        There are narrow exceptions to jus soli (like if your parents were diplomats or in the United States on some other official capacity on behalf of a foreign power such as enemy forces engaged in hostile occupation of the United States) but if you were born in LA you're more than likely a US citizen. You could be president some day.

                        Canada, and quite a number of countries in the Americas have birthright citizenship
                        Last edited by inadmissible; 03-31-2017, 09:39 PM.

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