derived citizenship?

A

Alexx

New Member
Hello.
I came to the US when I was 8 months old. I received my green card upon entry at the airport. My father was in Vietnam for 2 years,and was married to my mom who was in the US,and also had a greencard. My father naturalized March 8th 1971 and I was born on November26 1970. My father was in Vietnam War fighting for the US Army when I was born.
My mom and dad were married before i was born,and are married to this day. My mom,naturalized in 2002 . She always had a US passport.
I lived ,and went to school in the US. I left the US when I was 26,
( 2months from my 27th birthday) I went to Trinidad( my birth country) and got married. Do I qualify for derivedcitizenship? Thank you,in advance.
 
I'll paste my answer here from the conversation.

No, you did not get citizenship. If you were born in 1970, you turned 18 in 1988. For derived citizenship prior to 2001, both parents must naturalize before you turned 18 (unless they are divorced, etc., in which case there are complicated cases). You said that your mother did not naturalize until 2002, which is way after you turned 18.
 
Just curious about this.
Can anyone explain what exactly this is ,and the benefits of this visa ( if any)
In comparison to other visas or greencard?
 
Hello!
I was 2 years old when my father naturalized. (1972) He was in the US army on Vietnam from 1968-1970. When he left Vietnam he sent for my mom. They both were in the US,and sent for us
( my brother,sister,and myself).
We all entered and received IR2/ greencard immediately on arrival.
It's my understanding that upon entry with the IR2, that we automatically became US citizens on that day?
 
Thanks!
Then ,that applies to this situation?

I was 2 years old when my father naturalized. (1972) He was in the US army on Vietnam from 1968-1970. When he left Vietnam he sent for my mom. They both were in the US,and sent for us
( my brother,sister,and myself).
We all entered and received IR2/ greencard immediately on arrival.
It's my understanding that upon entry with the IR2, that we automatically became US citizens on that day?
 
When you entered the US with an immigrant visa, you automatically became a permanent resident. At that time, a permanent resident minor living with only one US-citizen parent is not enough to automatically become a citizen; both your parents had to have naturalized before you turned 18, while you were still a permanent resident, for you to have automatically become a citizen.
 
Alexx said:
Thanks!
Then ,that applies to this situation?

I was 2 years old when my father naturalized. (1972) He was in the US army on Vietnam from 1968-1970. When he left Vietnam he sent for my mom. They both were in the US,and sent for us
( my brother,sister,and myself).
We all entered and received IR2/ greencard immediately on arrival.
It's my understanding that upon entry with the IR2, that we automatically became US citizens on that day?
Click to expand...

I think there is some confusion on your case. You got adopted? or you left to the U.S. because your mom married a U.S. Citizen? These are 2 different scenarios.

Your question was answered here by one of the forum experts. Check it out http://forums.immigration.com/threads/entry-with-ir2-greencard.335908/#post-2452124
 
Last edited:
I was born while my father was in Vietnam. My mother left us and went up to the US to meet my father. He went to the US straight from serving his time in Vietnam. While there they sent for us.
 
Both my daughters entered USA on iR2 visa, with the elder few months before her 18th birthday. We have been here for 4 years now on Green Card and Im due for my citizenship. We did not apply for the Certificate of Citizenship of our daughters but applied for passports directly. As we did not have Certificates of Citizenship, we sent all other required documents, including their birth certificates but we were sent letters saying they need more proof of birth. we sent more docs, including hospital records but now they are asking for DNA test. Im confused. Doesnt iR12 visa mean my girls were on arrival citizens? what should we do now? any advice?
 
ksiddiqui73 said:
Both my daughters entered USA on iR2 visa, with the elder few months before her 18th birthday. We have been here for 4 years now on Green Card and Im due for my citizenship. We did not apply for the Certificate of Citizenship of our daughters but applied for passports directly. As we did not have Certificates of Citizenship, we sent all other required documents, including their birth certificates but we were sent letters saying they need more proof of birth. we sent more docs, including hospital records but now they are asking for DNA test. Im confused. Doesnt iR12 visa mean my girls were on arrival citizens? what should we do now? any advice?
Click to expand...
IR2 just means unmarried under-21 child (including biological child, step-child, and adoptive child) of a US citizen. To automatically derive citizenship under INA 320, the person must be a permanent resident, under 18, living in the US with a US citizen parent (must be a biological parent or adoptive parent, not step-parent). Is the US citizen a biological parent or step-parent?
 
both my girls came to USA under 18 and are living with their dad. He's a USA citizen and their biological parent. Girls are permanent residents.
 
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