Obtaining 'instant citizenship' through a grandparent

Dear Attorney Gurfinkel:

Although I was born in the Philippines, I became an “instant US citizen” through my parent, who was born in the US, but later came to live in the Philippines.

When I went to the US Embassy to apply for US passports for my children, their applications were denied because I never lived in the US before their birth. Is there any way that my children can become US citizens without my having to move to US and petitioning them for green cards?

Very truly yours,

MI

Dear MI:

Under US immigration laws, in order for a US citizen to “transmit” (or pass on) US citizenship to his or her child, that parent is required to have lived in the United States a certain number of years before their child is born. (Typically, for children born after November 1986, the parent should have lived in the US for at least 5 years, two of which were after the parent’s 14th birthday). If the American parent did not live in the US (or a US possession, such as the Philippines before 1946), then his or her child may not be able to automatically acquire “instant” US citizenship”.

However, there is a provision in the law, which may still allow, in some circumstances, for a child to acquire US citizenship, even if the parent did not live in the United States, so long as the child’s US citizen grandparent did so! In other words, the child would be able to use (or borrow) the time that his or her American grandparent lived in the US, provided that certain conditions are met, including the following:

1. The child’s parent is a US citizen, by either birth or naturalization.

2. The child’s US citizen grandparent lived in the US (or US possession), for at least five years, two of which were after the grandparent’s 14th birthday.

3. The child is still under 18 years of age, and in the legal custody of the US citizen parent.

4. The child temporarily enters the US pursuant to a lawful admission. This does not mean that the child has to be a green card holder; only that the child entered the US legally, and is still in status. (There is even a special visitor’s visa for this purpose.)

This special “grandparent citizenship” procedure is done in the United States, not at the US Embassy in Manila. It applies even if the grandparent is no longer living.

If you are a US citizen “at birth”, but were unable to “transmit” citizenship to your child because you did not live in the US before your child’s birth for the required period of time, then perhaps there is still a way to obtain citizenship for your child by “borrowing” the required time from the child’s US citizen grandparent (your parent).

However, I must advise that this type of “instant citizenship” has very strict requirements, and must be fully documented in detail. That is why I suggest that if you think that your child qualifies for “instant citizenship” through his or her grandparent, you should seek the advice of a reputable Attorney, who can analyze your situation, and assist you in obtaining your child’s birthright to US citizenship, before your child’s 18th birthday.

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