I want a US Passport???

jenniferpa

Unfortunately, the 10 weeks she spent in the US with you as a child won't count - the five years need to be complete before the birth. Even holidays need to be subtracted.

Each application is dealt with on an individual basis. I have no idea how flexible department of state employees are, although I believe they have a certain amount of latitude when it comes to making the recommendation. You need that recommendation though, so a certain amount of supplication is in order! I would suggest when writing that you simply state the facts, emphasise the fact that your mother and your grandparents are/were US citizens, and asking for guidance. I think much will depend on whether the individual reading your application is in "gate-keeping" mode or not. It sounds, from what you say, that your mother was a US resident for 4.5 of those requisite 5 years, and if you had been born a couple of years later, you would definitely be entitled to citizenship, so they MAY be flexible.

A preference visa entiles you to immigrate into the US with no restrictions on work etc and after the waiting period (2 years I think) you could apply to be naturalized. As I said, though, there are only a certain number of these visas available so you have to wait your turn after having your application approved, which could be years from what I understand.

Please note - if your mother had those 5 years in the US there wouldn't be any question of applying for citizenship - you would have it automatically. What you need is for the powers that be to accept that this is your situation. I would NOT raise any dual citizenship issues at this time - you don't want to give them any excuses.

So, and as I said this is just uniformed advice, I would do the following:
Write to the address I gave you giving place and DOB of both your mother and your grandparents as well as yourself.
Indicated that you are looking to establish your US citizenship on the basis of your parents citizenship.
Ask how you can do this if your birth wasn't registered at the time with the embassy.

Don't give too many details of why you want this - just simply reiterate that you're attempting to establish your citizenship as an adult.

Having said all this and you don't get a positive resolution you're going to have to consult a immigration lawyer. You have to decide how important this is - if it were crucial (i.e. you were state-less) I would go to the lawyer first. They are not cheap, but it depends on how vital this is.

Jennifer

pbright

Another great post from a great poster

Thanks so much Jenniferpa...everything you said is noted and i am going to write to the US embassy in london at the address posted in the link(this is the correct frist step for me to take right?). My mum had me when she was 20, but moved out US for Britian when she was 18....if they deduct holidays it might be a problem as she spent a month or two every year in Britian on vacation between the ages of 14-18 however are you sure of this as i read in a link you posted that holidays were excluded. I think i will write to them and say she lived there till she was 19 then moved to Britain(as she was naturalised at 17 or 18 to the option to live wherever). My Grandma was born here but moved to the states when she was 21(my age) and bacame a citizen and stayed there since(untill 15years ago when she moved back here & my Grandad was also American like my Mum). My mum did not work here, had me when she was 20 so the 9-10months less that we are short when saying she lived there for 5years after the age of 14 i will try and play dumb too, and support it with facts that she was on holiday, didnt work, and my grandparents still lived out there.....and it was in time she decided to stay when she met my dad. How is it they prove where you lived. If they have passport records then yes i suppose they can, however if they dont for my mum, it would be much easier to say and support the claim that she lived in the US till she was 19 than 18(even though she was in the UK at 19)if that makes sense. This preferecne visa sounds like an option Jenniferpa but i really would like citizenship so i have the option to live and work and move between both countries freely if i wished. To date, i do want to move there in the next few years(maybe 2-3) and i want the best chance possibile. Ill wait a while untill i write to them to see if you post again with your opinion on the above.

Again, thanks so much Jenniferpa......your my poster of the month

jenniferpa

Gee shucks (blush) if we're continuing in the American vernacular.

I take it this is the paragraph you're having a problem with?

This is the actual time when the parent was physically within the borders of the United States. This means that any travel outside the United States, including vacation, should be excluded. Maintaining a residence in the U.S. does not constitute physical presence. Please submit old passports if available, as evidence. If unavailable, other evidence may be required.

SInce the first sentence refers to being physically present within the US, I read this to mean that vacations should be excluded from the total time calculation. I can see why you might read it the other way, but I believe I am correct in my interpretation. Do not mention vacations when you write in the first instance.

As I said, write to the embassy. They may be able to apply come common sense with regard to the statutes. After all, if you had a younger sibling they could be a citizen without question, which makes your case anomalous, although the information I have indicates it's a question of which statute was in force at the time of your birth.

Best of luck - do let me know how you get on

Jennifer

pbright

Thanks again Jennifer. i have 2sibilings under 18 and one over 18 if it made any difference. & looking at it i guees you are right. I will write to them and not mention vacation and see what they say.

thanks again

pbright

However i think with vacations my mum will clock only a little over 3years between 18 and 19 however jennifer it could work the other way around. She is still a US citizen and with holidays including 2 10week stints she could clock up almost 2years in vacations back over there and this could total 5years total since 14.