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Hi, have a q. about constructive retention,My grandmother (+) was born in the US in 1913, she lived here until 1936.

Houston, TX |

then she married my grandpa a mx citizen and lived abroad , my mother was born in 1937 in mexico, she lived in the US trough high school (boarding school) on a student visa and later went back to Mx. I was born in 1967 and have had b1 visa while living there and e2 visa for last 5 years living here. the question is, can I claim citizenship via double constructive retention?

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Attorney answers 4

Best Answer


In order to determine whether you have a claim to U.S. citizenship through your mother, it would be important for you to receive a extensive professional analysis from an experienced immigration attorney. There are many important factors to consider such as what would be the applicable physical presence requirements (if any), whether your mother automatically acquired citizenship through your grandmother, etc.

I would highly recommend that you speak to an experienced immigration attorney regarding this matter. If you would like to schedule a consultation with our office, please feel free to contact us.

Thank you.

Nisha V. Fontaine, Esq.
Serotte Reich Wilson, LLP

Phone: 716-854-7525


It looks like you haved information from the Internet as to the possibility you having gained US Citizenship through constructive retention. YOu now need to contact an experienced immigration attorney to review the facts of the case and examine it witin the Citizenship laws of the time including residency requirements, time in US and status of parents. Good luck.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


It is advisable to contact an immigration lawyer to discuss your case and find a way forward.


I agree with my colleagues.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.