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Naturalization of a child born abroad to a single mother in 1949 (mother deseased)

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  • Naturalization of a child born abroad to a single mother in 1949 (mother deseased)

    Hello.

    Please help me to figure out if I have a case here.

    1. A girl born in the year of 1912 in San Francisco, Ca, is taken to Russia between the years of 1924 and 1935 - no papers to prove the exact time. Is there a place to look for it?
    Due to the political situation, the mother and her family weren't allowed to return to the USA. Her brother now deceased, defects to the USA and she is sent to jail for that.

    2. She never marries but gives birth to a daughter in 1949. Again due to the political situation most likely the mother didn't register the birth at the USA Embassy. Not clear if it was possible at all
    to do so back then in Russia. How to figure this out?

    The daughter has divorced long ego has recently found her mother's certificate and wants to move from Russia to her mother's birthplace in CA, Petaluma.

    The birth certificates of the mother and the daughter are present and intact.

    Thank you!

    Best Regards,

    Tania

  • #2
    Originally posted by t_s View Post
    Hello.

    Please help me to figure out if I have a case here.

    1. A girl born in the year of 1912 in San Francisco, Ca, is taken to Russia between the years of 1924 and 1935 - no papers to prove the exact time. Is there a place to look for it?
    Due to the political situation, the mother and her family weren't allowed to return to the USA. Her brother now deceased, defects to the USA and she is sent to jail for that.

    2. She never marries but gives birth to a daughter in 1949. Again due to the political situation most likely the mother didn't register the birth at the USA Embassy. Not clear if it was possible at all
    to do so back then in Russia. How to figure this out?

    The daughter has divorced long ego has recently found her mother's certificate and wants to move from Russia to her mother's birthplace in CA, Petaluma.

    The birth certificates of the mother and the daughter are present and intact.

    Thank you!

    Best Regards,

    Tania
    Under the Nationality Act of 1940 (which was in effect from 1941 to 1952), a child born abroad out of wedlock to an American mother between 1941 and 1952 is automatically a US citizen at birth if the mother had "resided" in the US (for no specific amount of time) before the child's birth. Furthermore, retention requirements did not apply, so she wouldn't have lost citizenship by not having been to the US. See 8 FAM 301.6-5(D). So I think the daughter is still a US citizen and should be able to apply for a US passport.

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

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