Am I a US citizen?
- Thread starter Giovanni2009
- Start date
I beleive, this link provides unclear information.
This is about getting a GC, not about naturalization, through a parent. In the beginning they say about both, but the requirements are only about one.
Instead,
http://www.state.gov/documents/organization/86757.pdf
Of course, they could not be talking about birth to adoptive parents. Birth is always to biological parents.
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Mr Vertigo
Registered Users (C)
Do you even know what a national is?
Mr Vertigo
Registered Users (C)
It does. US nationals are those people who are related to the US by way of US possessions. Currently only American Samoa and Swains Islands enjoy that status. It has nothing to do with falsely claiming citizenship or anything of the like.
Edit: On another thought, just forget it. You win, I lose. That's it.
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So what? 212(a)(6)(C)(ii) is about falsely claiming to be a US citizen. Not about falsely claiming to be US citizen or US national. If you falsely claim to be a US citizen or national, that is not 212(a)(6)(C)(ii). Regardless who US nationals are. And on the form DS-11 you provide a claim to be a US citizen or national, not a claim to be US citizen.
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According to multiple calls to USCIS it doesn't matter when the parent became naturalized, given the changes from the CCA one parent is enough if you meet the other requirements regardless of when they naturalized. It doesn't work the way you're thinking that if you're naturalized before a certain date you fall under xxxx-xxxx time frame. Else the INA would specifically mention time frame rules and I don't see any so based on that they only follow the new changes which is under the INA ACT 320. there other rules that pertain to adoption rules.
But in the OP's case he mentioned he was well past 18 on Feb 27, 2001 so based on that sole reason he doesn't qualify on the CCA changes
IE for my case I found out that basically on feb. 27, 2001. as long as you were under 18 on that date and one parent (not two before the change) then you derived citizenship. Good thing I didn't mail in my n400 yet
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You are taking snips and interpreting to your own accord.
What you cut and paste is explaining that just because you adopt a child - it does not necessarily mean the child is a US Citizen. There is a procedure that must be followed for adopted children via USCIS and State Dept. Essentially it is to apply for an immigrant visa (green card) and then upon successful entry in the USA, the child is an automatic citizen.
The poster was already a green card holder and on the day both parents are US Citizens - prior to 2001 - he derives citizenship.
No. That means that the act of adoption was not causing automatic acquisition of US citizenship those days. That is very much different from what you say.
Correct. In order to immigrate.
Wrong. My quotes showed exactly that. No way for automatic citizenship because of adoptive parents.
He does not. Because adoption was not causing automatic derivation of citizenship. That is what my quotes are about. The process should be followed. Immigration -> naturalization. Not an automatic one (adoption did not cause one). Regular naturalization, via N-400. When he reaches 18 years old.
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A similar case proving my point is represented here - http://www.usdoj.gov/eoir/efoia/bia/Decisions/Revdec/pdfDEC/3454.pdf [23 I&N Dec. 153 (BIA 2001)]
Mr Vertigo
Registered Users (C)
You can edit your posts and post all the information there instead of posting 3 times in a row. It's not a monologue.
raevsky, The Board of Immigration Appeals you posted definitely changes my point of view on this issue. I didn't know, as the case seems to imply, that N-600 was something that needed to be applied before an individual turns 18. I don't think that's the case now, perhaps it was before. I don't think it makes a lot of sense, if one became an automatic citizen at some point, one could apply for a certificate at any time. I didn't know of a dependency between age of the individual and N-600. I think there is a dependency with N-600K, but I might be mistaken.
Anyway, it seems from my reading of the case that Giovanni's parents should have filed for a certificate before he turned 18, so now it looks more likely that he will need to file N-400 to naturalize. I am also more inclined now to think that Giovanni didn't derive citizenship, in the case that the stepfather had citizenship by birth. Before 2001 it seems the rule to derive citizenship needed both parents to acquire citizenship through naturalization, not birth.
Anyway, a fairly convoluted case indeed.
By the way, in the case you posted it doesn't seem like the adoptive mother ever naturalized, perhaps that could have made a difference.
Anyway, it seems from my reading of the case that Giovanni's parents should have filed for a certificate before he turned 18, so now it looks more likely that he will need to file N-400 to naturalize. I am also more inclined now to think that Giovanni didn't derive citizenship, in the case that the stepfather had citizenship by birth. Before 2001 it seems the rule to derive citizenship needed both parents to acquire citizenship through naturalization, not birth.
Anyway, a fairly convoluted case indeed.
By the way, in the case you posted it doesn't seem like the adoptive mother ever naturalized, perhaps that could have made a difference.
They are no different (except for being able to become a President or a Vice-President). The moment of naturalization of the parent. not the status of the parent, was that cause child's naturalization. If a parent naturalized before the child was born, was not causing the child being naturalized automatically.
It is irrelevant whether N-600 is filed or not. Citizenship status does not depend on that. Only the availability of proof of this status. If a person is a citizen by automatic naturalization , N-600 could be filed. It could be filed at any moment after acquisition of citizenship.
N-600K is not for automatic naturalization. It is for real naturalization, from abroad, by a child, who is not a permanent resident. If a child younger than 18 of US citizen parent wants to naturalize. I think it was available before as well, in case when his all living biological parents naturalized. N-600K could be filed before 18th birthday, and the naturalization of the child itself (not automatic) should have been done before 18th birthday.
Right, there is no dependency between age and n-600 you can file it whenever you want as long as you meet the requirements. Just need the proof that you are an US citizen via proof of derivative or acquired citizenship. n-600k i think so too but adoption is normally considered for children no? so given (i think) USCIS definition of child is under 21 so i think that's the main difference between 600 vs 600k. Just my take on it from reading the ina etc
