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Does my mother have a claim of citizenship?

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  • Does my mother have a claim of citizenship?

    Hi. Thanks in advance for any help on this rather lengthy question.

    My mother was born in 1946 in England, UK. Her mother (now deceased), was a British Citizen who married my Mom's Dad (also now deseased), who was a US serviceman stationed in the UK during WW2. He was a US Citizen from New York. After the war, they divorced and he moved back to the US.
    My mother never knew her father and never lived in the US.
    Does she have a claim to US citizenship if she is the decendant of a US citizen?

    Part 2. If so, do her children have that same right? I am a perm resident living in the US for 15 years and am married to a US citizen. My brother, who currently lives in the UK, wants to come and live in the US too, but we are having a difficult time figuring out how to accomplish this legally. I thought this whole grandfather thing might be an avenue for us and a way for my brother to live here with me.

    Thanks again in advance for any help you can provide.


  • #2
    Your mother can claim US citizenship based on all facts, proof and eligibility requirements. I believe your mother has to go through certain test like DNA, blood test, etc. She need her father birth certificate or passport copy (plus any other proof that prove her father was US citizen while she born). You need an experienced immigration attorney. Lot of immigration related laws has changed since 1946.

    Check with the instructions for form N-600. Also, search web sites to find any related info. Read the link @ https://www.immihelp.com/us-naturalization-faq/ (“who is born a U.S. citizen? “).

    One the requirement is “if at the time of child birth outside the U.S. and only one parent was/ is U.S. citizen and if this parent had lived in the U.S. for at least 5-years, with at least two of those years being after the age of 14, the child automatically acquires U.S. citizenship“.

    As per section 341 of the immigration and nationality act a persons who were born in a foreign country to a U.S. citizen (parent or parents) may apply for a certificate of citizenship.

    Part 2. Check with immigration lawyers, if above mentioned things work out otherwise, you can file for US citizenship and after become US citizen apply for your brother immigration papers which will take long enough time to bring him over here.

    *This is not a legal advice. Please consult your immigration attorney for legal advice.
    Last edited by indianium; 11-25-2007, 09:00 PM.

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