Am I a US Citizen???

C

chanou

New Member
I am currently in the US through a visitor's visa-
My father completed his naturalization processn and beame a US citizen in 1982- He later died in 1989 while he was out of the US for 15 days.
My mother and I reported his death at the embassy and she recieved benefits under him. I also recieved his Social security benefits-

How do I find out if I am a US citizen, I had a social secuity card mailed to me after my father died and the back of it says: not valid for employment
 
Well, if you came to US as visitor - you're not a citizen. I guess you could be naturalized via your deceased parent if you have any prove of his citizenship left. I think JohnyCash can say more.
 
You are not US Citizen and you shouldn't receive any social security benefits, if you are not US Citizen or Permanent Resident, but it's good they paid you :)
 
Well, I have no idea whether the social security payments had to be done or not. However, on the issue of citizenship you don't give enough information to give you a good answer. My gut feeling is that you probably are not a U.S. citizen, but the law has changed quite a bit. It might depend on your age when your father naturalized, if your mother is also a U.S. citizen and things like that. You might find some resources online that might help you figure this out.
 
You can only get derivative naturalization if you parent naturalized while you were under 18 and you moved to the U.S.A as an LPR when still under 18, then you became a US citizen at POE.
However if you were born after your father was a citizen and can prove he was physically present in the US for at least 5 years (2 of those after he was 14 years old), you might have a claim to us citizenship under the Child Citizenship Act of 2000.
 
AzBlk said:
However if you were born after your father was a citizen and can prove he was physically present in the US for at least 5 years (2 of those after he was 14 years old), you might have a claim to us citizenship under the Child Citizenship Act of 2000.
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The derived citizenship rules the apply to your case will depending on your age at the time your father became a USC. Child Citizenship Act of 2000 does not apply since your father had already died before that became law.
 
I was five when he naturalized as US citizen and I was 12 when he died.

My motehr is still recieving social security benefits, and a medicare card was sent to her in our country??

I am wondering if I should just file n600 with my dad's naturalization certificate??
 
Based on my limited knowledge, nobody becomes an automatic citizen based on their parents unless you are born / naturalized in any country. Even to file under N600, don't you first have to be a PR for a few years before claiming citizenship.

Of course, the CIA/FBI do bring some people and convert them to citizens ASAP but this is done through a different channel.
 
sriabap said:
Based on my limited knowledge, nobody becomes an automatic citizen based on their parents unless you are born / naturalized in any country.
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Minor LPRs automatically become citizens when their parents naturalize.

Even to file under N600, don't you first have to be a PR for a few years before claiming citizenship.
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No.

To the OP, did he have a Green Card when his father naturalized?
 
Well, based on the dates he mentioned I assumed he wasn't a minor. The Real Canadian is right that minors do become citizens but I assumed chanou wasn't a minor so he is not eligible to become a citizen instantaneously.
 
sriabap said:
Well, based on the dates he mentioned I assumed he wasn't a minor. The Real Canadian is right that minors do become citizens but I assumed chanou wasn't a minor so he is not eligible to become a citizen instantaneously.
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I was a minor if by the description o fminor means: under the age o 18 years aold- I was five(5) when my father naturalized and 9 when he died. Presntly I am 29.
 
Yes, I think you were a minor when your father naturalized. However, as I mentioned, the law has changed quite a bit over the years. Most of the laws I am familiar with require that the child was a permanent resident at the time the father naturalized. In other cases it needs that the father lives in the U.S. for certain number of years. In some other period it required both father and mother to be citizens. It is complex. I don't know if N-600 will help you. You can definitely try, but I would try to talk to a lawyer or find some resources explaining under which law you could have become a citizen. I don't want to discourage you from finding out more, but I still feel it doesn't look good for you. I think in your case your father should have applied for your Green Card, and then over time you should have been able to apply for your own naturalization.

Check this book. You can get it for free through some library, many times in electronic book.

http://www.nolo.com/article.cfm/Obj...1-BB1C-4AA4-9D0AE7EC758B6391/118/209/286/ART/

I am sure there are other resources in the Internet that explain the nuances of citizenship through parent's naturalization.
 
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