u/Remarkable-Fun1067

- Undergrad uni experience question

Hello ! I currently am considered studying at the TUM, but I also hold an offer for a uni in the UK which is very good (50th in the world) and also is known for its amazing social life, clubs etc. However tuition would put me in like £35k debt out of university (≈€40,000)
From what I’ve seen TUM is less like this, but is higher ranked than my UK university and tuition would be free. So how social is it really? Nightlife okay? Assuming I stay in student halls what’s the international student experience like for those who have been through it?

Complex egg donor case for department of state

Hello,

Just wondering if there's any claim to US citizenship, on the grounds of having an identified biological (egg donor) mother who is a US citizen that meets all residency requirements (fun fact our family arrived to the US in the 1700s ! 🫠). In theory I would be applying for a passport as I am above the age of 18 and reside outside of the US so I no longer qualify for CRBA. I also must apply via the department of state with my country’s embassy NOT USCIS as they do not handle these types of cases, they handle internal affairs within the USA.

I emailed my embassy and they confirmed that a “legal relationship is not generally required to transfer citizenship” just a “genetic connection”. As this was from my embassy it comes from the department of state (but USCIS has conflicting information stating that legal parentage is required to transfer citizenship - which I find interesting and I’m not sure if this is a legal grey area)

Furthermore I found these guidance clauses for consular offers with the department of state that further support my case :

**8 FAM 301.4-1(B)  Prerequisites for Transmitting U.S. Citizenship**

Since 1790, there have been two prerequisites for transmitting U.S. citizenship at birth to children born abroad:

(1)  At least one parent must have been a U.S. citizen when the child was born.  The only exception is for a posthumous child; and

(2)  The U.S. citizen parent(s) must have resided or been physically present in the United States for the time required by the law in effect when the child was born.

**8 FAM 301.4-1(D)  Relationship Required for a U.S. Citizen Parent of a Child Born Abroad to Transmit U.S. Citizenship to the Child**

8 FAM 301.4-1(D)(1)  Establishing the Required Relationship

b. The requirement that there be a biological relationship between the U.S. citizen parent and the child is in accordance with section 1993 RS, section 201(g) of the Nationality Act of 1940, and section 309(a) of the Immigration and Nationality Act (INA).  The requirement that there be a biological relationship between the U.S. citizen parent and/or her/his spouse and the child is in accordance with section 301(g) of the INA ("a person born … of parents").  Assessing whether a claimant has provided sufficient evidence to establish a derivative claim to U.S. citizenship can usually be accomplished through review of documentary evidence provided by the claimant.

d. A woman has a biological relationship with her child through either a genetic parental relationship or a gestational relationship.  In other words, a woman may establish a biological relationship with her child by virtue of being the genetic mother (the woman whose egg was used in conception)

**8 FAM 304.3-5  TRANSMISSION OF U.S. CITIZENSHIP THROUGH A SPERM or EGG DONOR**

a. **We must know the identity of a U.S. citizen to adjudicate a claim of derivative citizenship through her/him.**

b. If a claim to citizenship is made through a sperm or egg donor who was not anonymous, or was initially anonymous but whose identity was later revealed, consular officers must contact the state for guidance.

So here lies the question, would a consular office deem my case plausible ?
Thanks

Hello,

Just wondering if there's any claim to US citizenship, on the grounds of having an identified biological (egg donor) mother who is a US citizen that meets all residency requirements (fun fact our family arrived to the US in the 1700s ! 🫠). In theory I would be applying for a passport as I am above the age of 18 and reside outside of the US so I no longer qualify for CRBA. I also must apply via the department of state with my country’s embassy NOT USCIS as they do not handle these types of cases, they handle internal affairs within the USA.

I emailed my embassy and they confirmed that a “legal relationship is not generally required to transfer citizenship” just a “genetic connection”. As this was from my embassy it comes from the department of state (but USCIS has conflicting information stating that legal parentage is required to transfer citizenship - which I find interesting and I’m not sure if this is a legal grey area)

Furthermore I found these guidance clauses for consular officers with the department of state that further support my case :

8 FAM 301.4-1(B)  Prerequisites for Transmitting U.S. Citizenship

Since 1790, there have been two prerequisites for transmitting U.S. citizenship at birth to children born abroad:

(1)  At least one parent must have been a U.S. citizen when the child was born.  The only exception is for a posthumous child; and

(2)  The U.S. citizen parent(s) must have resided or been physically present in the United States for the time required by the law in effect when the child was born.

8 FAM 301.4-1(D)  Relationship Required for a U.S. Citizen Parent of a Child Born Abroad to Transmit U.S. Citizenship to the Child

8 FAM 301.4-1(D)(1)  Establishing the Required Relationship

b. The requirement that there be a biological relationship between the U.S. citizen parent and the child is in accordance with section 1993 RS, section 201(g) of the Nationality Act of 1940, and section 309(a) of the Immigration and Nationality Act (INA).  The requirement that there be a biological relationship between the U.S. citizen parent and/or her/his spouse and the child is in accordance with section 301(g) of the INA ("a person born … of parents").  Assessing whether a claimant has provided sufficient evidence to establish a derivative claim to U.S. citizenship can usually be accomplished through review of documentary evidence provided by the claimant.

d. A woman has a biological relationship with her child through either a genetic parental relationship or a gestational relationship.  In other words, a woman may establish a biological relationship with her child by virtue of being the genetic mother (the woman whose egg was used in conception)

8 FAM 304.3-5  TRANSMISSION OF U.S. CITIZENSHIP THROUGH A SPERM or EGG DONOR

a. We must know the identity of a U.S. citizen to adjudicate a claim of derivative citizenship through her/him.

b. If a claim to citizenship is made through a sperm or egg donor who was not anonymous, or was initially anonymous but whose identity was later revealed, contact the department of state for guidance.

So here lies the question, would a consular office deem my case plausible ?

Thanks

edit: a lot of people are having a problem with 8 FAM 304.3-5 section b as I removed an email from the original quote to avoid confusion, as the email is for officials to use and not people seeking guidance

the original quote is:

b. If a claim to citizenship is made through a sperm or egg donor who was not anonymous, or was initially anonymous but whose identity was later revealed, contact AskPPTAdjudication@state.gov for guidance.

I just want to clarify that this doesn't change the narrative or my point in any way, I was just trying to express the fact that officials reviewing the case will be seeking extra guidance, sorry for any confusion

edit 2: just received advice from a paralegal today and they said I have a potentially plausible claim as long as I can prove a genetic connection. So looks like a lot of you are probably wrong ! Reddit was probably not a good place to seek competent legal advice in the first place XD. Thanks anyways

Hello,

Just wondering if there's any claim to US citizenship, on the grounds of having a biological (egg donor) mother who is a US citizen who meets all residency requirements. 8FAM says an anonymous donor "cannot transfer citizenshp" but if they were later identified that the case could be adjudicated. Does this mean there's any possibility ? Or is this more likely a grey area for sperm donors only? (as I assume they can be added to a birth certificate in some cases)