Child Citizenship Act of 2000

[CVN]

Hi!

I have a question, maybe someone can give me some input.

To make a long story short, my father, unbeknownst to him, was born a US citizen and only found this out in his 50's, when I was above 18. The immigration officer he was dealing with at the time said my only path to citizenship was to file for a Green Card, which I decided not to do at the time because my attention was on my mother who was in her final stages of cancer.

Recently, I'd been looking into whether or not I am eligible for citizenship and came across the Child Citizenship Act of 2000, sec. 322. I was 15 years old in 2000. It seems like I do fulfill the requirements of that section of the act, and fullfilled them all under the age of 18, except I am now today above 18. Again, I never filed for this prior because my father did not find out about his claim to citizenship until I was already above 18. I did travel to the U.S. before I was 18, if it matters. An immigration officer I spoke to over the phone said I was eligible. Is she right in saying this?

Thank you

 

[newacct]

You need to have been a permanent resident living in the US at the time. Were you a permanent resident? You said "was to file for a Green Card, which I decided not to do", which sounded like you weren't.

 

[CVN]

You need to have been a permanent resident living in the US at the time. Were you a permanent resident? You said "was to file for a Green Card, which I decided not to do", which sounded like you weren't.

Thanks for the reply! If I'm not mistaken, the way I understand sec 322 of the act is that it's for children of US citizens born abroad and residing abroad, so I didn't have permanent residency.

 

[newacct]

Thanks for the reply! If I'm not mistaken, the way I understand sec 322 of the act is that it's for children of US citizens born abroad and residing abroad, so I didn't have permanent residency.

INA 322 is a naturalization process that you must apply for, and it must be completed before 18 (the oath must be taken in the US before turning 18). It is not automatic like INA 320.

 

[CVN]

INA 322 is a naturalization process that you must apply for, and it must be completed before 18 (the oath must be taken in the US before turning 18). It is not automatic like INA 320.

Ah that's right. There's the difference. Thanks for pointing that out. I wonder if the fact that my dad didn't know about his citizenship until after I was 18, thus preventing me from applying for it, would matter. But most likely not I think.