My biological grandmother was a US citizen, gave birth in Europe and gave my mom up for adoption. Mom ended up with a family in Europe and never knew she was originally from the states. Can I apply for US citizenship or am I taking this too far?

27 comments

  1. I am not a lawyer, but I think if your mom was put up for adoption, she isn’t legally considered the child of the US citizen birth mother.

  4. These are the laws about international birth.

    https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

    person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.

  6. I don’t believe you can, no. Does your mom have her citizenship? If she was born and adopted in Europe, most likely not.

    You only need one parent who is an American citizen, or you need to be born on American soil to be American. I don’t think it extends to grandchildren, especially with adoption involved. It’s likely your mom renounced any claim to American citizenship upon her adoption, since the process divests your birth parents.

  7. If you weren’t born in the US, generally your parent would have had to actually claimed US citizenship for themselves + lived in the US for some period of time for you to be eligible, and it would also have to be claimed on your behalf (or you would have had to move to the US) before you hit 18.

    See: https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

    Laws may have varied in the past or there might be some loophole (and I’m certainly not a lawyer), so probably not totally worthless to check in with a real one, but I think it’s doubtful – especially if you’re currently over 18.

  8. It doesn’t sound like your mother was a US citizen by the laws we have. Your US citizen grandmother would have needed to have legal and physical custody of your mother for her to be eligible for citizenship. In addition, your grandmother would have needed to apply for the citizenship before your mom turned 18.

    On the other hand, immigration law is complicated, and some laws depend on when you were born. If you want a definite answer, you should get an immigration lawyer or see if the US embassy has an answer.

  9. I think it depends on if your mother was an American citizen. If she was born in Europe, she wasn’t automatically a US citizen. She would have the right to claim US citizenship, but she wouldn’t automatically be one the same as if she was born in the US.

    But like the others have said, your case is messy enough that it’s probably worth checking with an immigration lawyer.

  10. You can always apply for citizenship however I don’t know if you have a born right to citizenship.

  11. No you’re not eligible for anything any other citizen of your country would be. Sorry to be the bearer of bad news.

    However your relationship might get you some minor preferential treatment in the immigration system – that is detail beyond my knowledge of things. They have to make decisions between this person or that person based on *something*, so it wouldn’t surprise me if this was one factor they take into consideration.

  12. One, you probably should contact a US immigration attorney.

    Two, I think (but this is NOT legal advice, seriously, talk to an immigration attorney) that adoption severs that tie for legal purposes.

    Three, unlike many countries, the United States does NOT practice *jus sanguinis* citizenship. Simply showing you’re descended from an American doesn’t make you an American. Children of Americans born overseas are generally given American citizenship, but I don’t think that extends to children of those children (especially if those children have never lived in the US). The US relies more on *jus soli* rules for citizenship, about citizenship being granted more on ***where*** you are born.

    If you want to be an American, and the laws will allow it, congratulations, but the facts that your mother was given up for adoption AND never lived in the US may be a problem to inheriting citizenship.

  13. It can be. There are a couple of factors involved.

    According to [travel.state.gov](https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html#:~:text=A%20person%20born%20abroad%20in,prior%20to%20the%20person's%20birth.):

    > A person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.

    I am not a lawyer, much less immigration lawyer, and I have no idea how European adoption factors into all this but I suppose it’s possible your grandmother spent one continuous year in the United States before your mom was born making her a legal citizen then your mother spent one continuous year in the United States before you were born.

    We recognize dual citizenship so it’s very possible if those conditions were met that you might be one.

  14. If your mom was immediately given up for adoption, she was probably never a US citizen so you wouldn’t automatically have a right to citizenship. If you are serious about becoming a citizenship, you could talk to an immigration attorney about what your options are, but if it’s just for the fun of having two passports or something, it’ll be a lot more time and money than it’s probably worth to you.

  15. Your mother is likely still able to apply for US citizenship, but if she has never lived in the US, then you are likely not qualified for citizenship. There are time of residence requirements in the US for American citizen parents to pass citizenship to their children born abroad. That likely applies for your mother but not for you unfortunately.

  16. If the children are born inside the U.S, then yes. Otherwise, no. They’d have to apply for citizenship.

  17. Probably not as I think adoption likely changes things a bit. I’m not a lawyer (which really an immigration lawyer would be able to give the most accurate answer). But the law I think usually assumes an actual parental relationship with your U.S. citizen parent. If that parent gave them up for adoption, I believe that would likely cut that tie.

    So my money is on no, this would not work like that. But if you’re keen on getting a real answer, then talk to an immigration lawyer.

  18. Talk to a lawyer, but I think it goes two generations deep.

    Your grandma was American, so your European born mother is also American, and then you are American as well. But your kid won’t have citizenship unless you officially apply.

  19. Please talk to an immigration lawyer. It’s so easy to absolutely screw yourself with US immigration, even if you aren’t trying to commit fraud. I’m not a lawyer but, *please*, no matter what you do, **DO NOT CLAIM TO BE A US CITIZEN UNLESS YOU ARE ABSOLUTELY CERTAIN**

    The US government does not mess around when people falsely claim citizenship.

    Source: I worked for an immigration lawyer, an immigration non-profit, and the US Citizenship & Immigration Service.

  20. Man, that is such an usual situation that you would really need to talk to a lawyer about it.

    In theory, I’d say yes your mother and thus you would be a US citizen if your grandmother was. But I don’t know what you would have to do to be able to prove it. I’m also not sure if the adoption will complicate things or not.

  23. The 14th Amendment states that anyone born in the US is a US citizen, but that’s not exactly what you’re asking. IANAL but I’m pretty sure you can apply for citizenship though

  25. Was your moms birth ever reported to the US government and registered as a citizen born abroad? That would have had to have happened before she turned 18 for your mom to be considered a citizen.

    Also, are you under 18, this would play a big part into it and has she ever lived in the US.

    I’d talk to an immigration lawyer but, honestly I don’t think this is a case where you would automatically qualify.

  27. In the US, if your mother wasn’t a citizen and didn’t give birth in the US, there is no automatic naturalization or citizenship. You could apply for it but it probably wouldn’t be as simple as Ireland where you only need proof of a parent or grandparent being a citizen there. If her original birth certificate says she’s a US citizen by birth then you could potentially have a case to bring to an immigration lawyer to pursue citizenship for yourself, but it would be hard if you and your parents have never lived in the states.

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