Am I a derived citizen?

[PJM2]

Hello All,

I am trying to determine if I am already a derived U.S. citizen. I have a complicated case and all the information I've researched is a little confusing so I am in need of some help and advice.

Here is my case:
• My parents are from Cambodia.
• I was born 1979 in Thailand at a refugee camp.
• My parents and I came to the U.S. in 1980 and we all became permanent residents.
• My mother became a naturalized U.S. citizen in 1994. I was 14 years old.
• My father never naturalized and died in 1998. I was 18 years old.
• My parents were "married" in Cambodia, but there is no legal document to prove this. My mother does not have a marriage license.
• I lived with both my parents until I moved away to college.

I believe prior to 2001 both of my parents had to be naturalized in order for me to be a derived U.S. citizen. Since my parents were "married" but there is no legal documentation (marriage license), did I become a derived U.S. citizen when my mother naturalized in 1994? Please let me know your thoughts. Any help would be much appreciated!

 

[newacct]

You're correct. Before 2001 both parents had to have naturalized, or one parent died and the other one naturalized (you said your father died after you turned 18, so that doesn't help), or the parents divorced and the parent having sole custody naturalized, or if the child was illegitimate, the child was never legitimated and the mother naturalized.

If hypothetically your parents were never married, then you could be considered to have been illegitimate, and if your father never did anything to legitimate you, then I believe you would have derived citizenship when your mother naturalized. But just because you don't have documentation of their marriage doesn't mean they weren't married. Plus when they applied to immigrate they probably put that they were married.

 

[PJM2]

Thanks for the reply newacct! So sounds like I do not have a case here and should move forward with the N4oo.