Can I vote? Derivative Citizenship?

D

DannyP

New Member
Hello, I just found out that I am a US. citizen through derivative citizen. I was a permanent resident (still have a vaild green card) but I found out about the Child Citizenship Act of 2000 about a month ago and realized that I have been a citizen because my mother naturalized when I was still a minor and I was in her custody. I was a LPR at the time of her naturalization. So I submitted an application for a US passport but it hasn't arrived yet. I'm wondering if I can vote in the upcoming midterm election in November since I am a US citizen. But, since I just found out last month, I don't currently have any proof save for the documents that I submitted to the Department of State. If I do vote in the upcoming election, will I be able to get a Certificate of Citizenship from USCIS in the future? Or will it cause any problems? The law states that I am a citizenship and therefore I should be able to vote, but I don't want to get in any trouble if I decided to apply for the N-600 or anything like that. I talked to the people who register voters and they told me that I can register to vote and I can vote. I live in Texas and have to register I believe 30 days before the election. Before applying for the passport, I called the State Department to confirm that I am a citizen and they told me that I am so I assume that means I can vote.
 
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You are a citizen and you can vote. Most places don't require proof of citizenship to vote. Filing N-600 for a Certificate of Citizenship will take many months. If you need proof of U.S. citizenship the quickest would be the U.S. passport.
 
Yes you can definitely vote. You are a citizen regardless of whether you have proof of it. In your case, your GC, birth certificate, and your mother's naturalisation certificate are proof. Go ahead and register, and vote.
 
The Child Citizenship Act has various conditions, and sometimes it turns out that people who thought they were citizens really aren't. For example, although they were living physically with one parent who naturalized after the divorced, the wording of the divorce papers placed legal custody with the other parent, so they didn't qualify. There are other ifs and buts involved.

So if you register to vote or actually vote before your passport or N-600 is approved, you run the risk of ultimately finding out that you're NOT a citizen and getting in trouble for voting or registering to vote, including problems when filing for your own naturalization via N-400.

But if you later file for N-600 and they determine that you're not a citizen, you won't get in trouble for having applied for the N-600. It's only voting or registering to vote that would cause trouble later if you're not a citizen.
 
Thank you all! The divorce papers give both parents joint custody and give my mother the exclusive right to determine my residence, so I don't think that will be a problem.
 
Custody is just one example of a potentially disqualifying issue. Before you vote or register to vote without having a US passport or citizenship certificate, make sure you understand ALL the conditions and exceptions and requirements for derivative citizenship.
 
Did you successfully get your passport? What else did you do after obtaining your passport. I'm going through a same process right now. A little advice would be appreciated.
 
I did not know how to open a new topic, so decided to post my question here. Can a permanent resident
help with campaigns for federal election? I know that green card holders, are not permitted to vote. What about participation in campaigns (display a campaigns signs...)
 
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