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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11571
Experience:  Write FOR JAMES to get my help!
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I am a US citizen by birth, when i was 6 years old i moved

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I am a US citizen by birth, when i was 6 years old i moved to Canada, when i turned 18 i worked in the USA but travel back and form for work to Canada everyday since the age of 30. I have a daughter who is born in canada and i would like to transmit US citizenship for my daughter, is it possible?
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

When was your daughter born?

Customer: replied 3 years ago.


my daughter date of birth is Nov 7, 1963

Hi Walter,

Thanks for that information. Just a few more clarifications...

Were you married to her mother when she was born? And if so, was her mother a US citizen?
Customer: replied 3 years ago.

I am the mother, and yes i was married, and yes my mother was a us citizen too at the tiem of my birth.

Oh my apologies. The name "Walter" came up as the customer name.

So you are the US citizen mother who gave birth to a child in Canada in 1963. You left the US when you were 6, and thus you did not spend at least 10 years physically present in the US, at least 5 of which were after the age of 14. Is that correct?

Was the father a US citizen at the time of your daughter's birth in 1963?

I know it all sounds so repetitive, but I assure you there is a good reason for it.
Customer: replied 3 years ago.


thats ok :), yes everything is correct, and no my husband was not a US citizen.

Okay, this is possible, but there is a problem that you have to overcome first.

 

In order for you to get your daughter US citizenship, she first has to become a permanent resident and remain a permanent resident for at least 5 years, before she is eligible to apply for naturalization to a US citizen. The reason is, you did not fulfill the physical presence requirements of citizenship, to be able to transmit it to your daughter automatically.

 

The issue with petitioning for her green cad, however, will be that the US citizen must "reside" in the US in order to be eligible to petition the daughter. So you wold have to establish your residence in the US and then petition for her. If you can show that you have strong ties to the US (like property you own), you might be able to argue that your residence is established in the US, but being that you live in Canada, that could prove quite difficult.


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