quick question

cena

My nans mother moved to New york in the early 50's or earlier. Could she of been able to get a visa if she wanted to move over. Her sister also moved over the same time.

Could my mother etc got a visa as well if my nan got one

avalon68

cena wrote: »

My nans mother moved to New york in the early 50's or earlier. Could she of been able to get a visa if she wanted to move over. Her sister also moved over the same time.

Could my mother etc got a visa as well if my nan got one

No, I don't think so. Perhaps if your nan was a resident there and fulfilled the time requirements, then your mam might have been able to get one, but if youre trying to get a greencard based on this it def won't work. Your best bet is the lottery or doing a curse that qualifies for the 1 yr visa thing. That or marry an American

silja

So your great-grandmother moved to the USA some 50 years ago, and your question is if your grandmother and/ or mother could get a visa based on that? Your grandmother (as the daughter of the US resident/ citizen) yes, but your mother no.

cena

silja wrote: »

So your great-grandmother moved to the USA some 50 years ago, and your question is if your grandmother and/ or mother could get a visa based on that? Your grandmother (as the daughter of the US resident/ citizen) yes, but your mother no.

No they moved over in the 1950s give or take. But if my nan got dual citizenship could my mother have got u.s citizenship

Cushie Butterfield

The first thing to establish is did your grandmother get US citizenship.

If so, where was you mother born? If she was born in the US then she is a US citizen.

If she was born outside the US did your grandmother register her birth as a US citizen born abroad?

What about your grandfather? Was he a US citizen?
Whether an American citizen can transmit citizenship to a child born overseas depends on several factors including whether both parents are American, whether the child was born in wedlock, and when the child was born. Have a look at Transmission of US citizenship for various qualification & eligibility requiremants. For most cases of a child with one American parent and one foreign national parent, the American parent must have spent a total of five years in America, with at least two of those years after turning 14, in order to transmit citizenship at birth. Parents must be able to provide evidence of their time in the U.S. when they apply for a Consular Report of Birth Abroad for that child.

If it's the case that your mother qualified as a US citizen but cannot transmit citizenship to her children born overseas because they do not have the required physical presence in the United States, there are two options:

-She can apply for the expeditious naturalization of her children, if an American citizen grandparent has enough physical presence in the United States. This procedure must be done through the United States Immigration and Naturalization Service. The process takes longer (up to three years) and the child must go to the United States to be naturalized, but the end result is that the child receives a Certificate of U.S. Citizenship and is an American citizen. The process must be completed before the child is eighteen.

-She can file for an immigrant visa for you. Under the Child Citizenship Act, once the child enters the U.S. on an immigrant visa, the child automatically becomes a U.S. citizen. The child must be under 18 and in the legal and physical custody of the U.S. citizen parent at the time of entry.




You need to gather specific facts, dates, length of residency if greencard holders, details of births abroad being registered etc. The laws have changed over time, so you need to do your research as there is no way anyone can tell you from your descriptions & what-if's.

Depending on what the answers to the above questions are, then you can see if anything applies to you. The above information is all freely available on the USCIS, US Dept of State & Dublin US Embassy websites. Once you have established the relevant facts & exact status of your family and you feel that eligibilty may be an option having researched the above websites your best course of action would be to seek professional legal advice & help from an immigration lawyer, as no-one on boards can really tell you what you need to know, given the complexity & individual nature of your question, not to mention the legalites involved.

There are an awful lot of ifs, buts, age & residency stipulations as well as various immigration law changes over the years, so you realy need to do a bit of digging as regards the exact facts.