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Q: Living in the United States through descent ( Answered,   0 Comments )
Question  
Subject: Living in the United States through descent
Category: Miscellaneous
Asked by: johnny567-ga
List Price: $60.00
Posted: 15 Jun 2006 10:13 PDT
Expires: 15 Jul 2006 10:13 PDT
Question ID: 738441
I am an Irish citizen and I am currently living in Ireland. I was born
in 1984. I recently discovered that my grandfather was a US citizen,
as he was born in the US in 1895. He returned to Ireland with his
parents when he was 9 months old in 1896, and remained here for the
rest of his life. His parents, my great grandparents, were both Irish,
but they separately moved to the US early in their lives. They met in
the US and were married in New York City in 1886.

I was wondering if it would it be possible for me to permanently live
and work in the United States given my above connections with the
country?
Answer  
Subject: Re: Living in the United States through descent
Answered By: scriptor-ga on 15 Jun 2006 11:35 PDT
 
Dear johnny567,

The answer to your question is "No", I'm afraid.

Among the prerequisites that define who may be eligible to get the
status of a Lawful Permanent Resident, which means permission to take
permanent residence and to work in the USA, there are certain options
based upon family relationship. Alas, none of them applies to a
citizen of a foreign country who had one single grandparent who was a
US citizen through birth on US soil.

Although your grandfather was, due to being born in the United States,
a US citizen, his children did not inherit that citizenship. The
relevant laws during the time frame of their birth define this (since
I don't know when your grandfather's children were born, I decided to
quote all versions that may apply):

Section 1993, Revised Statutes of 1878 (basically unchanged until 1934)
"All children heretofore born or hereafter born out of the limits and
jurisdiction of the United States, whose fathers were or may be at the
time of their birth citizens thereof, are declared to be citizens of
the United States; but the rights of citizenship shall not descend to
children whose fathers never resided in the United States."

Act of March 2, 1907, Section 6, 34 Stat. 1228, 1229.
"That all children born outside the limits of the United States who
are citizens thereof in accordance with the provisions of section
nineteen hundred and ninety-three of the Revised Statutes of the
United States and who continue to reside outside the United States
shall, in order to receive the protection of this Government, be
required upon reaching the age of eighteen years to record at an
American consulate their intention to become residents and remain
citizens of the United States and shall be further required to take
the oath of allegiance to the United States upon attaining their
majority."

Act of May 24, 1934, Section 1, 48 Stat. 797
"Any child hereafter born out of the limits and jurisdiction of the
United States, whose father or mother or both at the time of birth of
such child is a citizen of the United States, is declared to be a
citizen of the United States: but the rights of citizenship shall not
descend to any such child unless the citizen father or citizen mother,
as the case may be, has resided in the United States previous to the
birth of such child. In cases where one of the parents is an alien,
the right of citizenship shall not descend unless the child comes to
the United States and resides therein for at least five years
continuously immediately previous to his eighteenth birthday, and
unless, within six months after the child's twenty-first birthday, he
or she shall take an oath of allegiance to the United States of
America as prescribed by the Bureau of Naturalization."

The Nationality Act of 1940, Section 201, 54 Stat. 1137
"(g) A person born outside the United States and its outlying
possessions of parents one of whom is a citizen of the United States
who, prior to the birth of such person, has had ten years' residence
in the United States or one of its outlying possessions, at least five
of which were after attaining the age of sixteen years, the other
being an alien: Provided, That in order to retain such citizenship,
the child must reside in the United States or its outlying possessions
for a period or periods totaling five years between the ages of
thirteen and twenty-one years: Provided further, That, if the child
has not taken up a residence in the United States or its outlying
possessions by the time he reaches the age of sixteen years, or if he
resides abroad for such a time that it becomes impossible for him to
complete the five years' residence in the United States or its
outlying possessions before reaching the age of twenty-one years, his
American citizenship shall thereupon cease."

The Immigration and Nationality Act of June 27, 1952, 66 Stat. 163,
235, 8 U.S. Code Section 1401 (b). (Section 301 of the Act)
"The following shall be nationals and citizens of the United States at
birth: (..) a person born outside the geographical limits of the
United States and its outlying possessions of parents one of whom is
an alien, and the other a citizen of the United States, who prior to
the birth of such person, was physically present in the United States
or its outlying possessions for a period or periods totaling not less
than ten years, at least five of which were after attaining the age of
fourteen years."

So you are just the grandchild of a US citizen, and that alone does,
alas, not count when you wish to live and work in the USA.


I am sorry not to have more pleasant information; but I hope that this
will nevertheless be useful for you.
Regards,
Scriptor



Sources:

U.S. Citizenship and Immigration Services: Immigration and Nationality
Act, Sec. 301
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-9376?f=templates&fn=document-frame.htm#slb-act301

U.S. Citizenship and Immigration Services: Green Cards (LPR)
http://www.uscis.gov/graphics/services/residency/index.htm

U.S. Citizenship and Immigration Services: LPR Eligibility Information
http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

American Citizens Abroad: History of U.S. Citizenship Laws
http://www.aca.ch/hisuscit.htm
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