Hello, I would like to share my case in wonder if someone could help me or give me tips.
My dad is american citizen, he was born abroad near the border of Mexico-US. He had his birth certificate just after he was born. Now he moved to the US and has been working there for 3 years.
The thing is he want us to move with him, I’m 27.
So in order to have a derivative citizenship is that I have to prove that my dad has been physical presence in the US for 5 years.
I have a social security statement that shows 3 years before I was born, I’m missing 2 years. I’ve a notarized letter of a guy that my dad paid rent to him when he was living in the US, now I’m missing 1 year and A couple of pictures during his childhood, and also a notarized letter of his cousin telling he spend time during summers.
I was wondering how strict would a State Officer could be because my paperwork will be done in a State Office, instead of a USCIS.
Also, any tips or testimonies would be great to read.
A derivative citizenship would mean that he is a naturalized citizen. You said he was born ‘near the border of Mexico-US’ and had his birth certificate just after he was born’ which sounds like he’s a natural born citizen? It doesn’t matter how near a border you’re born; it depends which side of it you are born on.
If he’s naturalized, in addition to physical presence requirements, don’t kids need to be minors and in the custody of the parent in question?
he has a CRBA, (birth certificate of being born abroad).
I also wanted to ask what does this means?. A Consular Officer put it in my mexican passport, juat above my visa. He said to my parents that he will just authorized my visa for 3 months because he needed to finish my citizenship papers.
so, not only can Forumosa provide help on getting residency/citizenship in the R.O.C., but also do so for the U.S.A.
the Google hits will only increase going forward.
I’m not an immigration lawyer or even a lawyer of any sort and don’t know that much about this kind of thing but if a person has a CRBA then they were a US citizen from birth because one or both of their parents were US citizens.
A derivative citizenship is for a person who is born to parents who naturalized.
Not the same category. You have the ‘five years of residency before birth of child’ part correct but are you sure it’s a derivative citizenship?
Hello, can someone help me with this?, I’m applying for a derivative citizenship as an adult. I was gathering all my papers and evidence, I found this on my baby mexican passport, above my 3 month- visa. It says “Pending Citizenship Determination” as which the Consular Officer wrote and told my parents he was going to approve it just for 3 months meanwhile they did all the paperwork. for my citizenship, but they never did. I was wondering if someone knows what does this means and if it can help me during my application.
they did NOTHING . The first time they did this process was when I was 16 and tried to get a new visa, they made us prove that my dad had been 5 years in the US 2 of then after 14. But he just gave pictures proving that he was my father and the marriage was valid.
Now that I’m over 21, I can go to a State Office instead of the USCIS and apply for my US passport, claiming I’m US citizen because of my dad. I’ll do the same process.
Now I have his Social Security Statement, showing 6 years of taxes (3 before I was born). But I’m missing 2.
I have an affidavit of the person he was paying rent to (1 year left to prove) Another affidavit of my aunt saying he spend some summers with her (with pictures annexed ), a few pictures of him in the US and a Letter of my grandmother saying how worried she was about a hurricane in Mexico that my dad was present. (I’m planing to say he lost documents in that hurricane, which is true and I think this letter is a strong evidence).
I have passports and a driving license.
I requested a FOIA Statement for his exits and entries to the US, however he was living near the border so each time he crossed, he would just say: “american citizen” and no stamp or record would be there.
That’s all what I have, the requisite says physical presence. Which is not the same as continuos presence, maybe is more flexible?, I read the 5 year thing was to demonstrate that the US culture was not lost. So I was wondering how good do you think my case is going?, perhaps in my interview I could say how I was raised in an American way? and my dad is now living there and I have this odd feeling because my mom could be with him in less than a year with him but their son could spend over 20 years waiting for a visa if he make a Petition for a alien relative.
This might be a long shot, especially because this is an almost 4-year-old post and it seems the OP hasn’t checked back since.
OP: did you get this sorted out? I have a very similar case and I was wondering how it went for you? I acquired citizenship at birth and the only thing I am missing is specifically the documentation to prove five years of physical presence before birth.
I also went to apply for a visa but was told that I would have to first sort out my citizenship claim as it seems I have a strong case as a citizen born abroad. My question to you is: what documents did you end up using to satisfy the physical presence requirement of your U.S. citizen parent? Were the third-party affidavits accepted?
Interesting clause regarding visas for those who MAY BE U.S. citizens. Thanks for sharing.
By the way, if anyone else has any knowledge on this process (even though it doesn’t have to do anything with Taiwanese citizenship), please feel free to leave your comment. I am pretty sure there are plenty of U.S. citizen parents out there in Taiwan that have had to apply for their Taiwan-born children’ citizenship and may have knowledge regarding the physical presence requirement and required documentation.
. The first time they did this process was when I was 16 and tried to get a new visa, they made us prove that my dad had been 5 years in the US 2 of then after 14. But he just gave pictures proving that he was my father and the marriage was valid.