Long shot: Does anyone know for sure the rules around US Citizenship by Descent? I've had a read through a fair few pages on the USCIS website and some suggest I'm eligible while others are a little more ambiguous. I've fired off a question to the US embassy here in New Zealand but I may not get a definitive response out of them judging by the intent of the email address I used.

Back story: My father was born in Michigan shortly after WWII. However, he left the US with his mother and siblings when he was about 18 months old, to emigrate to NZ. Over the years he became an Australian citizen, which I fear may be a big stumbling block - I don't know if he changed citizenship before or after I was born. I was born in Australia and my parents were there for about 4 years before I was born, and 4 years after, so let's say chances are 50/50.

My paternal grandfather was born in Canada but from what I can tell he spent most of his life in the US, serving in the USMC in WWII. I don't know if he ever became a US citizen but he's buried in either Texas or Washington.

So, scoot forward to today and my son is expressing a keen interest in following physics (possibly astrophysics) as a career, with the eventual aim of getting into the space industry. He's a very bright kid and has the potential to achieve his aims but my wife and I suspect his path may be smoothed by the benefits US citizenship provides. The big questions, therefore are:

- Anyone know if I'm still eligible for citizenship by descent?
- ...and my son?

 

From Wiki: Birthright citizenship in the United States is acquired automatically by virtue of a person’s birth within United States territory or because one or both of his or her parents is (or was) a US citizen. It contrasts with citizenship acquired in other ways.


So it appears you might be a citizen as your father was. Not sure if that passes to your son...My husband's mother was born in Canada, he can claim Canadian Citizenship if he chooses. Not sure what kind of paperwork is involved.
Not sure who you'd have to contact for the information you are seeking.
https://en.wikipedia.org/wiki/Birthr..._United_States

 

Some countries stipulate that applicants must renounce prior citizenship before they can become naturalized citizens. I'm not sure what Australia's requirements are. So I'm not sure what your situation would be as a result. You might have a right to dual citizenship. Or you might *shudder* be a "stateless person", although this seems unlikely. As to your son's situation, a consultation with an attorney who specializes in immigration law might be a reasonable investment in his future. On the other hand if he is accepted to an American university he will have no problem obtaining a student visa. And if he does well and graduates from an American university, especially with an advanced degree, his employment opportunities here would be about as good as anyone's. With the job would come long term residency and, if he wants, a path to naturalization.

 

I assume neither you nor your wife are or ever were US citizens and your son was not born in the USA. I'm betting your (his) chances are nil.

-- Chuck

 

I know next to nothing about these rules, and you have probably already looked at the site I have linked to below.

You would probably get more accurate info from reading info on that site than asking on a car forum.

US Citizenship through parents

 

My Canadian citizenship certification is currently pending and is as a result of my father being born in Canada as his family used it as a stepping stone out of frustration as they emigrated from Ireland to the US. His older brothers were born in Ireland while his younger sisters and one brother were born in the USA.

By the Canadian rules, my son is not entitled to such certification. Mike's suggestion is the route that I would take. Also, there may actually be an on-line forum on legal immigration where you may pose your query on this topic.

 

Harry what was required paperwork for this? Any fees?

 

Yep that's the site I was reading, I'd look at one page and think "sweet, that's sorted then", and then read another page and think "wait, what?" Was really just a longshot question on here, there seems to be a good array of life experience in this section so I figured one never knows.

Thanks for the input all. I was an Australian citizen by birth but had to renounce that to apply for the RNZAF when I was 17, so I'm currently a NZ citizen. My wife and children are NZ citizens by birth. Maybe I'll wait to see what the embassy comes back with.

 

IIRC there is a US residency requirement for your father, especially if your mother was not a US citizen: https://travel.state.gov/content/tra...rn-Abroad.html
Second section has the goods.
My understanding is that even if that would qualify you as a US citizen, you can't pass it on to your son unless you would also fulfill the residency requirement. Then again, I don't even play a US immigration attorney on TV.

 

Good news: 3-day response times from the embassy is vastly overestimated, just got a response.
Bad news: "I am sorry but neither you nor your son can obtain U.S. citizenship via your father as he had not resided in the U.S. for long enough to be able to transmit his citizenship to you."

Ah well, was worth checking. Travel to the US is fairly unencumbered for NZ citizens (part of the Visa Waiver Program) so at least we can still visit easily if he ends up there as a student.