World War II Vet Learns He's Not a U.S. Citizen

**O'Callaghan** · 24th March 11, 10:14 PM

You are entitled to US citizenship if one parent is a US citizen that meets US residency requirements, and the residency requirements are much less stringent if both parents are US citizens, as in his case, to the extent that only one parent has to have been resident in the US for a nominal amount of time. So, the only way that he wouldn't be a US citizen would be if neither of his parents, although US citizens, had ever established residence in the US before his birth, which although possible is highly unlikely. He may never have made a claim to US citizenship, but neither have many people who were born here, if they have never left the country.

How do I know all this? We aren't US citizens, but our kids are. If we were to take them out of the US to live before they met the residency rules, then any grandkids that they might have later might not be US citizens. I suppose that is not entirely unreasonable, but it isn't much similar to other countries' rules, so under certain circumstances we could theoretically end up with grandkids who were stateless!

And as for social security, there is no requirement that you have to be a US citizen, although you have to at least be a legal resident, not an illegal or someone here on a visa. Otherwise I wouldn't qualify for it myself, but I do, or at least will at 65. The GOP at one time tried to pass a bill to deny people like me the social security we have paid for if we return to our home countries to retire, but mercifully it didn't pass.

**Burly Brute** · 25th March 11, 02:17 AM

The sad fact is that someone in an office somewhere can't just use common sense and stamp a couple freakin forms! Come on, is it that hard!!! Really? C'mon people!!!

**macshorty** · 25th March 11, 02:35 AM

He's a veteran, that should automatically qualify him for citizenship!

**Inchessi** · 25th March 11, 05:00 PM

Originally Posted by macshorty

He's a veteran, that should automatically qualify him for citizenship!

I also believe this. Three Marines in my unit were with us in combat. One elected not to go for US Citizenship. He had land in Mexico, and would lose it if he became a US citizen. He was working on "Naturalization." I put it in quotations, because I am not certain of two items. First, I am not sure I remember the correct term. Second, I have never had to know the difference. The other two wanted to become Citizens. I do not understand how a person can serve Honorably in the US Service, and not automatically receive citizenship. For some of the stuff we had to work with, they had to have in-depth background checks. So questions of dedication, loyalty, or nefarious dealings would have shown.

**davedove** · 29th March 11, 10:14 AM

Originally Posted by Burly Brute

The sad fact is that someone in an office somewhere can't just use common sense and stamp a couple freakin forms! Come on, is it that hard!!! Really? C'mon people!!!

Actually, from my experience working in the government for 25 years, the people he talked to were probably following all the rules, BLINDLY following all the rules. So, when this unusual situation came about, they weren't sure what to do, so they fell back on those same rules.

What someone should have done is bump it up the chain until it got to someone who could figure it out.

**MacMillans son** · 25th March 11, 06:21 AM

Originally Posted by O'Callaghan

The GOP at one time tried to pass a bill to deny people like me the social security we have paid for if we return to our home countries to retire, but mercifully it didn't pass.

I'm not a benefits expert, but I believe the money we pay into Social Security goes to pay for those people who are currently receiving retirement benefits. It's not a savings account that is in our name to be accessed for OUR retirement at a later date. Similar to the taxes we pay now that go to people on welfare, or for roads, or parks or....,. They go to fund operating costs now, not to ensure that WE get to use those things in the future.

I may not have that completely right, but I think that's the deal.

**MacBean** · 25th March 11, 06:33 AM

I had my Consular Report of Birth Abroad questioned by Immigration so that I had to apply for a Citizenship certificate. That meant my parents had to appear before a justice with evidence of every time that had left or entered the country over their lifetime. Fortunately my father kept records! And this was 20 years ago! All this because I left my passport expire unintentionally.

**Duncanofcolorado** · 25th March 11, 07:42 AM

I too am in a peculiar situation. My father was born in Philadelphia but he and his parents returned to Scotland where he grew up. At 16 he joined the US Army in Scotland,WW II, married a German woman and they had me in Japan while stationed there during the occupation. As was stated, the key is neither of my parents had established residency in the US so when I was born I was born Stateless, born without a country. For some reason the US Gov. decided to give me a Green card and allow my parents to come to the States with me when he got transferred to Maryland. While living in N. Virginia, my wife spent a year working with the US Gov. to try to straighten out this mess. Eventually they gave up, issued me a passport and said don't ever let it expire or else. I lay low but because I do Gov. contract work, there are times I have to do a lot of explaining and so far nothing has come of it. I still have the Green Card with a picture of me at about 2 months old.

**O'Callaghan** · 25th March 11, 04:46 PM

Originally Posted by MacMillan's son

I'm not a benefits expert, but I believe the money we pay into Social Security goes to pay for those people who are currently receiving retirement benefits. It's not a savings account that is in our name to be accessed for OUR retirement at a later date. Similar to the taxes we pay now that go to people on welfare, or for roads, or parks or....,. They go to fund operating costs now, not to ensure that WE get to use those things in the future.

I may not have that completely right, but I think that's the deal.

You are 100% right, but it is not equitable to pay in and get nothing out.

Non-resident aliens, that is, people who only have visas, already have to pay in and get nothing out, which is a good reason in itself to 'adjust' status, i.e. get a green card, as I am pretty sure the SSA still count contributions paid before doing so. Those illegals who pay taxes also pay in and get nothing back, although they get less sympathy.

The bill would have targetted only those who spend their working lives here on a green card without becoming US citizens, pay into social security, and wish to go home to their own country to collect it. It would have left a loophole, in that it could have been circumvented by becoming naturalised, although a US citizen may end up paying US taxes even if not in the US (it's complicated). It would have enabled the IRS to collect a few more bucks, and the SSA to pay out fewer bucks, but would have led some people to become US citizens only so they could afford to say farewell to the US, which is frankly bizarre.