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  • Derivative/acquired Citizenship

    HI, I hope someone knows about this thing because I need help on this:

    FACTS OF THE CASE:
    1. My grandpa left my home country for the US in the 1940s.
    2. My mom was born in 1949.
    3. An aunt was born in 1956.
    4. I found out that my grandfather, after extensive and laborious research, became an American citizen in 1957, when my mom was 8.
    5. My grandfather was born in a former US Territory in the 1920s and resided there until he left for the US 1940s.
    6. My home country was a US territory until 1946.

    I know that we have to consider that my grandpa should have been a citizen when my mom was born. However, doesn't my mom derive her citizenship when my grandpa became a US Citizen in 1957 and she was still a minor.

    I know there are also retention reqt's. I have read somewhere about this law:

    Applicable administrative decisions hold that a person who is unaware of his claim to citizenship is deemed constructively physically present in the United States, and does not lose his citizenship due to failure to satisfy the retention requirement.

    NOW THE QUESTION IS: Does my mom still have claim to US citizenship? If she does, then how does that affect us? I am older than 21 now.

    THANKS MUCH.

  • #2
    Originally posted by findmeincali28
    HI, I hope someone knows about this thing because I need help on this:

    FACTS OF THE CASE:
    1. My grandpa left my home country for the US in the 1940s.
    2. My mom was born in 1949.
    3. An aunt was born in 1956.
    4. I found out that my grandfather, after extensive and laborious research, became an American citizen in 1957, when my mom was 8.
    5. My grandfather was born in a former US Territory in the 1920s and resided there until he left for the US 1940s.
    6. My home country was a US territory until 1946.

    I know that we have to consider that my grandpa should have been a citizen when my mom was born. However, doesn't my mom derive her citizenship when my grandpa became a US Citizen in 1957 and she was still a minor.

    I know there are also retention reqt's. I have read somewhere about this law:

    Applicable administrative decisions hold that a person who is unaware of his claim to citizenship is deemed constructively physically present in the United States, and does not lose his citizenship due to failure to satisfy the retention requirement.

    NOW THE QUESTION IS: Does my mom still have claim to US citizenship? If she does, then how does that affect us? I am older than 21 now.

    THANKS MUCH.
    Are you, your mom and your aunt outside the US now? If so, you can go to the nearest US consulate and present this case, raise your mom's, your aunt's, and your own claims to US citizenship, and apply for US passports. To support such a case, you need the evidence of your grandfather's US naturalization, plus the birth and marriage certificates showing the family relationships.

    Hope this helps,

    Tamtom

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    • #3
      Derivative Citizenship

      Tamtom,

      Took me almost 2 years to reply but I havent really done anything about it yet. Yes, we are outisde the United States. I did the laborious reserach when I was in the US when I started this thread.

      Do you think we have a shot? I read that if you have no knowledge that you are a citizen, that waives the requirement to be physically present in the United States.

      Thanks,
      Find

      Comment


      • #4
        Contact USCIS under USCIS Freedom of Information Act (FOIA).

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