Am I a US citizen?

[Giovanni2009]

Hello All ,

I entered the US as a juvenile along with my mother and her new husband, a US citizen. Four years later my stepfather adopted me and I took his last name. At that time I was still under 18 years of age. Years later, but still before I turned 18, my mother became a naturalized citizen. I have a green card and a passport from my native country. Can I apply for citizenship to the US? Can I apply for a derivative citizenship. Would this be faster than the normal method?

Thank you in advance
Giovanni

 

[sarrebal]

If you were under 18 on Feb 27, 2001, you should be a US citizen.

 

[Huracan]

Let's put it this other way:

Were you at any time after February 27, 2001 (even if for a single second)?:
1. In your legal and physical custody of your mother, and in the US
2. Had a Green Card
3. Under 18 years old

If you answer yes to all the questions, then, I would say you are a citizen. If one of them is no, then you would have to look into your stepfather and the adoption. Hopefully you answer yes, to all questions and then you can go to a post office with your GC, your birth certificate and the naturalization certificate of your mother and apply for a US passport. You might also consider applying for a certificate of citizenship, but these take longer and cost more money. You can apply for a certificate of citizenship with form N-600. I would recommend you to go for the passport first and apply for both passport book and passport card to have additional proof of citizenship.

Good luck.

 

[Huracan]

If you were under 18 on Feb 27, 2001, you should be a US citizen.

You mean on or after Feb 27, 2001, don't you?

 

[Giovanni2009]

Thank you both for such a speedy reply. I was long past 18 years of age by that date .

 

[Huracan]

If you were older than 18 on Feb 27, 2001 you would look into deriving citizenship because both parents are citizens. I am not that familiar with the intricacies of legal adoption. If you had the Green Card before you turned 18 and both your mother and your stepfather were citizens you still have a chance of being a citizen, but I am not that sure. Hopefully someone will pitch in. Otherwise you have the choice of applying for N-600. Provide all the info about yourself and your parents and wait a few months for USCIS to make a determination. I've seen people going the N-400 route and then being denied because they were citizens, so it might be better to try the N-600 route. If you are already a citizen you'll save some money and having to go to the interview. If you are not a citizen you'll end up wasting some time and money on the N-600.

For some years before 2001 the rule to derive citizenship required both parents to become citizens. Again, I am not sure how the adoption will play here. It might depend on the age at which you were legally adopted. Not sure.

 

[Mr Vertigo]

I think you better make an InfoPass appointment and ask them directly before you pay the money for an N-600 or N-400.

 

[Giovanni2009]

Thank you , I don't know what an InfoPass appointment is . Can you explain?

 

[Mr Vertigo]

Thank you , I don't know what an InfoPass appointment is . Can you explain?

It's an online system that lets people, such as yourself, schedule an appointment with USCIS to ask them various questions about the immigration process and their applications. Since you haven't applied yet, it may be tough for you to schedule an appointment as an application number is needed, but I would still try to talk to them before you spend your money on applications.

http://infopass.uscis.gov/

 

[Giovanni2009]

Should I consult an attorney or attempt this myself? The added expense would be a problem right now but if it shaves many months off the process it would be worth it.

Thank you all for sharing you knowledge.

 

[Huracan]

I think it would be good to consult with a good lawyer. A good lawyer might save you the time, but not the money. N-600 is simple and something you can do yourself, but it will cost you close to five hundred dollars and will probably have to wait six months or so (depending on your local office) to find out. Anyway, at some point you are going to have to spend the money either on N-400 for naturalization or N-600 for certificate of citizenship. Dealing with the passport office if your case is complicated might not be easy at all. If you are already a citizen, a certificate of citizenship might make your life easier in the long run, as derivative citizens don't have an easy way of proving citizenship, unlike native citizens that can use a birth certificate in most cases.

 

[raevsky]

You are not a US citizen. However, if you want an official denial, there is an easy way for you to get it. Apply for US passport. That is it. No attorney fees, just a passport application fee.

 

[Mr Vertigo]

You are not a US citizen. However, if you want an official denial, there is an easy way for you to get it. Apply for US passport. That is it. No attorney fees, just a passport application fee.

Yeah, no, don't do this. Only US citizens can apply for a US passport, so applying for one when you're not is claiming that you're a US citizen. That will have severe repercussions for you.

 

[Huracan]

You might want to check this page. I think it has a good summary of the different cases depending on years where all conditions were met:

http://www.imminfo.com/resources/natschart3.html

Where you adopted before you turned 16?

 

[Giovanni2009]

Yes , Adopted at age 8

 

[Huracan]

I'm not sure what raevsky is basing his opinion on, but I'd say you might already be a citizen. Now it is up to you which way to proceed:

Check the proof of citizenship requirements for the US passport at: http://www.state.gov/documents/organization/79955.pdf

I don't think that applying for a passport having a reasonable expectation of being a citizen it's going to lead to deportation. However, if this makes you nervous in any way you can try the N-600 form or talk to a lawyer who might or might not understand your case and give you a valid advice.

Let's put it this way:
If you want to play safe apply for N-600, no need to get lawyer involved.
If you don't mind spending some money get a lawyer involved, better yet a couple of lawyers.
If you don't mind any potential risks on obtaining the passport you can just apply for a passport and see how it goes. You should know the answer in about three weeks and it would be the cheapest and fastest way of finding out. However, I am not aware of all the consequences of applying for a passport and being denied on grounds of not being a citizen. I doubt there will be consequences, so I would try to obtain the passport first. You might want to see if a cover letter explaining that you are not a 100% sure that you are a citizen and are just applying for the passport to see if the Department of State thinks you are a citizen might help. Try to contact a passport agency or go to a passport acceptance location (post office) and ask them about your situation.

 

[vdostoi1]

Yes , Adopted at age 8

I think if you are adopted before 16 by a US citizen and you had a green card you are a US citizen. See here: http://www.visalaw.com/06mar2/2mar206.html

 

[raevsky]

Yeah, no, don't do this. Only US citizens can apply for a US passport, so applying for one when you're not is claiming that you're a US citizen. That will have severe repercussions for you.

Not true. US nationals could also apply for a US passport.

I'm not sure what raevsky is basing his opinion on,

When you have a reasonable claim to US citizenship, applying for a passport is the easiest way to resolve the claim.

I don't think that applying for a passport having a reasonable expectation of being a citizen it's going to lead to deportation.

It cannot. Nowhere on DS-11 form you claim to be a US citizen. That is why 212(a)(6)(A)(ii) does not apply to you just for submitting DS-11 application for a US passport unless you provide false documents to support your citizenship claim.

 

[Mr Vertigo]

Not true. US nationals could also apply for a US passport.

Are you trying to split hairs here? US Nationals (only certain ones, by the way) are eligible to apply for a US passport by acts of Congress, and are in an entirely different class from Permanent Residents as far as passports are concerned.

Giovanni, again, do not listen to him and do not apply for a passport without having an official letter stating you're a US citizen. This kind of ill advise should be punished for what it is.

 

[raevsky]

I'm not sure what raevsky is basing his opinion on,

You are probably interested why I think he is not a US citizen. I do not see the event when he becomes US citizen. His mother's naturalization does not lead to his getting US citizenship, because she naturalized before 2001. Provided his biological father was alive at the moment she naturalized. If his biological father was not alive at that point, he is a US citizen.