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Hey everyone! Just joined the forum. I've been a Permanent Resident Alien for about 10 years, and a resident for 20. I could really use a push in the right direction with all the citizenship paperwork.

Some background- I'm 23, and have been living in the US for roughly 20 years. My mother moved to the US from Canada in '93 and I came with her. I've been a green card holder since 2003 ish. I don't think it was required of me to have one prior to that.

Now, my green card is up in January.... And I have yet to fill out any paperwork. After reading a few threads on this site, I'm beginning to see my mistake with that. My issue was that I've been terribly broke, and did not know of the fee waiver.

I've also heard that they may temporarily extend my green card as long as I have my N-400 into them? Or is this not the case?

My last question is that on the N-400 they want to know every trip that I've made out of the country in the past 5 years. Well I have literally all my family in Canada, and I travel there at least twice a year. I also have the memory of a gold fish, and cannot possibly remember every single date that I left the country or came back.

Do I guess-timate? I can't think of any way I'd possibly be able to find these dates out with 100% certainty.

Thanks in advance for the direction and help!
 
Hey everyone! Just joined the forum. I've been a Permanent Resident Alien for about 10 years, and a resident for 20. I could really use a push in the right direction with all the citizenship paperwork.

Some background- I'm 23, and have been living in the US for roughly 20 years. My mother moved to the US from Canada in '93 and I came with her. I've been a green card holder since 2003 ish. I don't think it was required of me to have one prior to that.

Now, my green card is up in January.... And I have yet to fill out any paperwork. After reading a few threads on this site, I'm beginning to see my mistake with that. My issue was that I've been terribly broke, and did not know of the fee waiver.

I've also heard that they may temporarily extend my green card as long as I have my N-400 into them? Or is this not the case?

My last question is that on the N-400 they want to know every trip that I've made out of the country in the past 5 years. Well I have literally all my family in Canada, and I travel there at least twice a year. I also have the memory of a gold fish, and cannot possibly remember every single date that I left the country or came back.

Do I guess-timate? I can't think of any way I'd possibly be able to find these dates out with 100% certainty.

Thanks in advance for the direction and help!

you can renew your GC online which gives you another 10 years, then when you have money and can live with the N400 timeline, apply for your citizenship
 
You can't extend the GC temporarily that's the bad thing and it has to be valid for 6 month when you apply for N-400. Really bad timing.

With regards to the trips. Try to remember as many travel dates as possible and if they come up there was more you can explain the situation. The main reason for this question is to see if you stayed the required time in the country and never broke the 6/12 month rule.
 
Hey everyone! Just joined the forum. I've been a Permanent Resident Alien for about 10 years, and a resident for 20. I could really use a push in the right direction with all the citizenship paperwork.

Some background- I'm 23, and have been living in the US for roughly 20 years. My mother moved to the US from Canada in '93 and I came with her. I've been a green card holder since 2003 ish. I don't think it was required of me to have one prior to that.

Now, my green card is up in January.... And I have yet to fill out any paperwork. After reading a few threads on this site, I'm beginning to see my mistake with that. My issue was that I've been terribly broke, and did not know of the fee waiver.

I've also heard that they may temporarily extend my green card as long as I have my N-400 into them? Or is this not the case?

My last question is that on the N-400 they want to know every trip that I've made out of the country in the past 5 years. Well I have literally all my family in Canada, and I travel there at least twice a year. I also have the memory of a gold fish, and cannot possibly remember every single date that I left the country or came back.

Do I guess-timate? I can't think of any way I'd possibly be able to find these dates out with 100% certainty.

Thanks in advance for the direction and help!

Is your mother a U.S. citizen?
If yes, when exactly did she become a U.S. citizen and how old were you at the time?

If she became a U.S. citizen before you turned 18 y.o., it is possible that you automatically derived U.S. citizenship through her under the Child Citizenship Act,
see
https://en.wikipedia.org/wiki/Child_Citizenship_Act_of_2000

So you might be a U.S. citizen already and might not know about it. In that case you would not need to file N-400, and could apply directly for a U.S. passport and/or file N-600 to get a certificate of citizenship.
 
Some background- I'm 23, and have been living in the US for roughly 20 years. My mother moved to the US from Canada in '93 and I came with her.
Did she become a US citizen before you turned 18? If yes, you might be able to claim US citizenship, depending on all the facts of your situation.

I've also heard that they may temporarily extend my green card as long as I have my N-400 into them? Or is this not the case?
In order to qualify for the free temporary extensions, you have to apply for N-400 with 6 months or more remaining on your GC. It's too late for that if your GC expires in January 2014. However, if you don't need to travel in the next couple months after it expires, you could take the chance and file the N-400 without applying for GC renewal, and hope that you complete the N-400 process before it expires or soon after it expires.

Does your Social Security card have the employment restriction wording? If yes, visit the SS office with your GC (before it expires!) to apply for a new SS card. They'll send you a card without the employment restriction, and you can use that card combined with your driver's license or state ID for employment purposes, without having to show the GC.
 
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My mother became a citizen somewhere between '94-'96 (I was 4-6 years old) if I recall correctly. I'll have to ask her to be sure.

How would I find out If I automatically became a US citizen? It doesn't seem logical financially just "try and apply for a passport. Does it matter that my father still resides in Canada, and is a citizen there?

My SS card has no working provisions, it looks just like my wife's and daughter's SS cards.

If in fact I'm not already a citizen, and must renew my GC, where online would I do this? Starting to look like my only option. I can then apply for citizenship next year.

What happens if my GC does expire before I get it renewed?

I certainly appreciate the wealth of knowledge you guys are giving me. I'm starting to feel a little less lost here!
 
My mother became a citizen somewhere between '94-'96 (I was 4-6 years old) if I recall correctly. I'll have to ask her to be sure.

How would I find out If I automatically became a US citizen? It doesn't seem logical financially just "try and apply for a passport. Does it matter that my father still resides in Canada, and is a citizen there?


It seems fairly likely that you did derive citizenship through your mother under the Child Citizenship Act of 2000.
The Act became effective on February 27, 2001.
So you have derived U.S. citizenship through your mother, under the Child Citizenship Act of 2000, assuming that all of the following conditions apply to you:

1) At some point after February 27, 2001 and your 18th birthday (which I take it was somewhere in 2008) you have resided in the U.S. with your mother, AND
2) Your mother had either sole or joint legal custody over you at that time, AND
3) You had a valid LPR status at that time.

So for you the relevant period of time to look at is between the date you received a GC in 2003 and the date you turned 18 years old (presumably around 2008).
If at some point between these two dates you resided in the U.S. with your mother and if your mother had sole or joint legal custody over you at that time, then you have derived U.S. citizenship through your mother under the Child Citizenship Act of 2000.
The fact that your father lives in Canada would not matter.

If the above conditions are satisfied, you don't need to renew your GC and you can apply now directly for a U.S. passport (by submitting a passport application to the U.S. State Department) and/or apply for a certificate of citizenship by filing form N-600 with USCIS. You'd need to provide proof that you satisfy conditions 1), 2), and 3) above.
For 3) you can just enclose a copy of you green card. For 1) you can provide your school records for the period between the date you got your GC and the date you turned 18 years old; these records would show you residing with your mother.
For 2) you'd need either:
*a copy of your birth certificate and a copy of your parents' divorce decree granting your mother sole or joint custody over you (assuming that your parents are divorced), or
*a copy of your birth certificate and a copy of your parents' marriage certificate (assuming your parents are still married).

Applying for a U.S. passport is much cheaper than filing N-600, and technically, assuming the above applies to you, you can apply for a U.S. passport first, before getting a certificate of citizenship. Moreover, technically, people who derived citizenship through a parent under the CCA of 2000 provisions are not required to file N-600 at all. However, ultimately it is a good idea to get a certificate of citizenship as well, and better sooner than later.
 
My mother became a citizen somewhere between '94-'96 (I was 4-6 years old) if I recall correctly. I'll have to ask her to be sure.
Ask and make sure. Try to look at her naturalization certificate if possible (or a copy of it) so you can see the exact date.

If it's not possible to find the certificate, look for her oldest US passport. Even if you don't know the exact date she became a US citizen, at least you'll know that she was a citizen on or before the issue date of her first US passport. Or even if you can't find her oldest US passport, the issue date of her current US passport is useful information if it's before you turned 18.

How would I find out If I automatically became a US citizen?
You have to apply for a US passport or N-600 to find out officially. Unofficially, we can help you figure it out with reasonable accuracy if you provide enough relevant facts of your situation.

Please list the following events in order of earliest to latest:

Your mother became a US citizen
Your parents got married (if they ever were married to each other)
Your parents got divorced (or legally separated, if there was a period of legal separation before the divorce)
February 27, 2001 (this is when the Child Citizenship Act became effective)
Your green card was approved (2003?)
You became 18 years old (2008?)
You started living with your mother in the US
You stopped living with your mother in the US

Also indicate whether your mother was granted legal custody of you (even if only partial/shared custody) after the divorce or separation.

It doesn't seem logical financially just "try and apply for a passport. Does it matter that my father still resides in Canada, and is a citizen there?

Not really. What matters is the marital status of your parents when you were under 18, including when they divorced (if they were ever married to each other) and the custody arrangement (i.e. who officially had legal custody of you).

My SS card has no working provisions, it looks just like my wife's and daughter's SS cards.
Good, then you'll be able to change jobs even if your GC expires before you become a citizen. But you may already be a citizen.

If in fact I'm not already a citizen, and must renew my GC, where online would I do this?
File form I-90.

What happens if my GC does expire before I get it renewed?
You'll remain a permanent resident (or citizen, if you're already a citizen), but you won't be able to use the green card for travel or work* or most other situations where you need to prove your status.


*but you can use an unrestricted Social Security card for work, as I explained earlier
 
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Well, I think you guys may be right. I think I may already be a citizen! I'm going to get the ball rolling Monday by applying for my certificate of citizenship.

Jackolantern, here's a timeline for you:

Parents got married ('88 ish)

I was born ('90)

Parents divorced ('90)

My mother and I moved to the US ('93) (Also when I obtained my first green card)

She obtained citizenship ('96)

CCA became effective in '01

I obtained my new green card ('03)

I turned 18 ('08)

Then I moved out in '08.

My mother and father had joint custody, but my mother had physical custody, and I resided with her in the US.

It seems that I meet all the requirements for automatic citizenship, unless I'm missing something?
 
Based on that timeline, it looks like you derived US citizenship as early as 1996 when your mother became a US citizen. If you apply for N-600 (certificate of citizenship), it would show that your citizenship was obtained on that date.

However, you mentioned being "terribly broke", so for now just apply for the US passport as it's quicker and much cheaper than the certificate. For that you'll need the GC, your birth certificate, your mother's naturalization certificate, your mother's divorce and custody papers, and school records (or other credible documents) showing that you were living with your mother back in 1996 when she became a US citizen. You'll have to submit the original documents with the passport application, so make sure to take copies of everything first.

At some point in the future when you have more cash you can work on the N-600. The N-600 only requires copies of documents to be submitted with the application, but they may ask to see originals when you pick up the certificate and complete a mini-oath at a USCIS office. Although the N-600 is optional and many people don't bother to get it, it is still recommended because it would give you your own non-expiring citizenship document that is independent of your mother. Without your own N-600, you might have to submit your mother's naturalization certificate and divorce papers (again) to replace your passport if it gets lost or stolen.
 
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Well, I think you guys may be right. I think I may already be a citizen! I'm going to get the ball rolling Monday by applying for my certificate of citizenship.

Jackolantern, here's a timeline for you:

Parents got married ('88 ish)

I was born ('90)

Parents divorced ('90)

My mother and I moved to the US ('93) (Also when I obtained my first green card)

She obtained citizenship ('96)

CCA became effective in '01

I obtained my new green card ('03)

I turned 18 ('08)

Then I moved out in '08.

My mother and father had joint custody, but my mother had physical custody, and I resided with her in the US.

It seems that I meet all the requirements for automatic citizenship, unless I'm missing something?

As Jackolantern says, based on this timeline it does look like you have derived U.S. citizenship through your mother under the provisions of the CCA.

Filing N-600 is indeed fairly expensive. In fact, the current application fee for N-600 is $600 (somebody at USCIS must have a strange sense of humor).

There is a procedure for requesting an application fee waiver for most USCIS applications, including N-600.
The fee waiver is requested by attaching a completed form I-912 with an N-600 application.
http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

To check if you qualify for a fee waiver read the I-912 instructions
http://www.uscis.gov/files/form/i-912instr.pdf
and the HHS income chart
http://www.uscis.gov/files/form/i-912p.pdf

If it looks like you qualify for a fee waiver and can provide the requisite documentation, you can file N-600, with a fee waiver request, now.

If you don't qualify for a fee waiver and cannot afford to pay the $600 application fee for the moment, you could postpone filing N-600 and directly apply for a U.S. passport now. As mentioned above, the passport application fee is much cheaper than for N-600 and the processing is considerably faster too.
 
I think the OP became a citizen in 2001 when the CCA came into effect. He had a GC from 1993. It was renewed in 2003.

On further analysis, I think the OP derived citizenship in 1996 (mother's naturalization). Under the old rules (before the CCA in 2001), a child could derive citizenship through one USC parent if the other parent was deceased, legally separated, or divorced from the citizen parent, and the child was living in the legal and physical custody of the citizen parent.
 
Well if the N-600 is that expensive to file, then I'll just apply for a passport for the time being.

But I agree, it will be something nice to have, and I will file for it. Probably next year.

I am very grateful for your help. I had never even heard of the CCA, and neither had my mother. I probably would have wasted tons of time and money renewing my GC and filing for citizenship next year without your help.
 
Well if the N-600 is that expensive to file, then I'll just apply for a passport for the time being.

You could still explore the possibility of requesting an N-600 fee waiver and check if you qualify for the fee waiver.
See the links about I-912 above.



But I agree, it will be something nice to have, and I will file for it. Probably next year.

I am very grateful for your help. I had never even heard of the CCA, and neither had my mother. I probably would have wasted tons of time and money renewing my GC and filing for citizenship next year without your help.

As a matter of fact, as pointed out by the posters above, it seems likely that you have derived U.S. citizenship through your mother even earlier, namely in 1996 when your mother naturalized.

First, it seems that you actually became an LPR in 1993, not in 2003.
In your posts above you mention that in 2003 you received your "new green card" and that you had been a "resident" for 20 years, since 1993.
You would have almost certainly become a GC holder in 1993, when your mother came to the U.S. and received a GC herself.
A regular green card is ordinarily valid for 10 years (although the underlying LPR status is permanent and does not expire). So you had to renew your card in 2003 and got the card that you have now, which is expiring soon. Note, however, that while a green card needs to be renewed every 10 years, the LPR status is continuous and does not expire (even if you don't renew a green card on time, you still remain an LPR and retain GC status).
On the front of your green card there should be a field "Resident since" with a specific date written there. Presumably for you it says "Resident since [specific date/month]/1993. Whatever the "Resident since" date is printed on your card is the date you became an LPR.

Now, even before the Child Citizenship Act of 2000 came into force, there were other provisions in the law regarding automatic derivation of citizenship by children of U.S. citizen parents. Prior to CCA these provisions were governed by the (former) Section 321 of the Immigration and Nationality Act. In general, these former INA 321 provisions were more restrictive than the CCA provisions, but in your case it looks like you qualified for derived citizenship under these former INA 321 provisions anyway.

See the USCIS Policy Manual,
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html,
section "Acquisition of Citizenship Prior to Child Citizenship Act of 2000".

It says:

"In general, a child born outside of the United States to two foreign national parents, or one foreign national parent and one U.S. citizen parent who subsequently lost U.S. citizenship, acquires citizenship under former INA 321 if:

1) The child’s parent(s) meet one of the following conditions:
a)Both parents naturalize;
b)One surviving parent naturalizes if the other parent is deceased;
c)One parent naturalizes who has legal custody of the child if there is a legal separation of the parents; or
d) The child’s mother naturalizes if the child was born out of wedlock and paternity has not been established by legitimation

2) The child is under 18 years of age when his or her parent(s) naturalize; and

3) The child is residing in the United States pursuant to a lawful admission for permanent residence at the time the parent(s) naturalized or thereafter begins to reside permanently in the United States."

Since your parents were divorced in 1990 and your mother received joint legal custody of you, you did satisfy 1c), and you also satisfied 2) and 3) [well, for 3) you have to make sure that your "resident since" date in indeed in 1993 and not in 2003].
In that case you would have automatically become a U.S. citizen in 1996, when your mother naturalized.
If so, you have a claim to derived U.S. citizenship both under the former provisions of INA 321 and under the subsequent provisions of the CCA.

In practice it does not matter very much which of these two claims is used (it will only affect the date to which they'll back-date you as having become a U.S. citizen). However, when you apply for a U.S. passport (and for N-600 if you chose to file it, now or later), you should probably mention both of these two bases for your claim to derived U.S. citizenship, and let the adjudicating authorities sort out the details.

You should try to get both your preschool/elementary school records from the 1996-99 period showing you living with your mother, and your school records for the period after Feb 27, 2001 showing the same.

Plus you'll need your current green card, your birth certificate, your mother's naturalization certificate, your parents' marriage and divorce certificates and the relevant custody papers (usually contained in the text of the final divorce decree) granting your mother joint custody of you.


Be careful with copies vs originals. For N-600 you only need to send copies, but for a passport application they generally want to see originals of certain things. For a passport application usually the original of the main document used for claiming citizenship needs to be enclosed, and this document gets returned by mail to the applicant when the passport is issued. E.g. for natural-born U.S. citizen such main document is the U.S. birth certificate, and for a naturalized U.S. citizen applying for his/her first passport such main document is the naturalization certificate.
In your case they'll probably take your mother's original naturalization certificate (which will get mailed backed when your passport is issued). However, it may well be that for your passport application they'll want to see the originals or at least official certified copies of some other documents mentioned above (marriage/divorce certificates, your birth certificate etc).
 
Well if the N-600 is that expensive to file, then I'll just apply for a passport for the time being.

It's $600. See http://www.uscis.gov/n-600

But you might want to try for N-600 with the fee waiver before applying for the passport. If you get the N-600 before the passport, you won't need to submit your mother's citizenship and divorce documents when applying for the passport; you would only submit your own citizenship certificate.
 
But you might want to try for N-600 with the fee waiver before applying for the passport. If you get the N-600 before the passport, you won't need to submit your mother's citizenship and divorce documents when applying for the passport; you would only submit your own citizenship certificate.

I'm going to need a passport, anyway. I do a bit of traveling back to Canada to visit family. So I'm going to have to give my folks a call and see if I can get their divorce papers, and my mum's citizenship paperwork. But I guess I could apply for the N-600 (with the waiver) at the same time.

Where's the bar set for the waiver? How little do I have to make to qualify? I'm married with one child, I'm sure that matters.
 
I'm going to need a passport, anyway. I do a bit of traveling back to Canada to visit family. So I'm going to have to give my folks a call and see if I can get their divorce papers, and my mum's citizenship paperwork. But I guess I could apply for the N-600 (with the waiver) at the same time.

You'll need to get your hands on her divorce papers and naturalization certificate either way. But the difference is that the N-600 only requires copies* of those documents, whereas for the passport application they take away the original documents for the duration of the process. If you got the N-600 first, you wouldn't have to deprive your mother of her documents for weeks while they process your passport application; you'd submit your own citizenship certificate when applying for your passport.

Where's the bar set for the waiver? How little do I have to make to qualify? I'm married with one child, I'm sure that matters.
See the I-912 links in post #11 above.


*but they may ask to see the originals on the day you pick up the certificate at the end of the process.
 
See the I-912 links in post #11 above

Had to re read it again, but I found what I was looking for, thank you.

I think I really only have one more question.

If I did derive US citizenship from my mother, am I a dual citizen? It's my understanding (please, correct me if I'm wrong) that when you apply for US citizenship you are required to renounce any foreign citizenship. I didn't renounce my Canadian citizenship, I was just given US citizenship.
 
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