I have been in the US since i was 1 year old. I am now 22 years old. I am applying for a federal job and it requires me to be a citizen. I am a resident alien and my father is a citizen. I heard some where that if your father is a citizen you are automatically eligible to become one. My question is am i still eligible to become a citizen without forking out the $675 or am i out of luck because i am over 18.
Citizenship Question
- Thread starter espedito
- Start date
OP, read this. If it applies to you, you can get a passport for yourself. You will need your green card, your parent(s) proof of citizenship (naturalization cert or passport), your original birth certificate showing your name and parents names, passport application and fees.
Biological or Adopted Children Residing in the United States
A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):
* At least one parent of the child is a U.S. citizen, whether by birth or naturalization.
* The child is under the age of 18 years.
* The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.
* An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA. See the “INA” link to the right.
To qualify as a “child” for purposes of this section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.
A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. See the “Citizenship and Naturalization Based Forms” link to the right. To obtain a U.S. Passport, see the “Apply for a U.S. Passport, Department of State” link to the right.
Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. To read the CCA, see the “Child Citizenship Act” link to the right. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA. If you believe this may apply to you, please see the “Contact Us” link to the right to call our National Customer Service Center.
Biological or Adopted Children Residing in the United States
A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):
* At least one parent of the child is a U.S. citizen, whether by birth or naturalization.
* The child is under the age of 18 years.
* The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.
* An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA. See the “INA” link to the right.
To qualify as a “child” for purposes of this section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.
A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. See the “Citizenship and Naturalization Based Forms” link to the right. To obtain a U.S. Passport, see the “Apply for a U.S. Passport, Department of State” link to the right.
Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. To read the CCA, see the “Child Citizenship Act” link to the right. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA. If you believe this may apply to you, please see the “Contact Us” link to the right to call our National Customer Service Center.
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Problem is that there might be a deadline. For instance they would have needed to get the citizenship before they reached the age of 18. I know friends who missed getting citizenship in their parents European country because they were a few years after the deadline.
You may need to check to see if this is the case in the US and that you needed to apply before the 18th birthday...
You may need to check to see if this is the case in the US and that you needed to apply before the 18th birthday...
If your father became a US citizen before you turned 18 and you were a permanent residence (you were holding a green card already) that day, then you just need to apply for a US passport, there's no deadline.
Just check your father's certificate of naturalization and see which day he took the oath.
If it was before your 18th birthday, you're a US citizen already.
Apply using your father's certificate of naturalization and your birth certificate with your father's name on it.
Just check your father's certificate of naturalization and see which day he took the oath.
If it was before your 18th birthday, you're a US citizen already.
Apply using your father's certificate of naturalization and your birth certificate with your father's name on it.
Can someone else confirm this?
Texas Resident
Registered Users (C)
Yes, it is correct. You can show up in the post office or passport agency and apply for passport using your father's nat. cert. AND your green card if you meet the conditions. You may need submit additional proof of residency, parent's marriage certificate etc. so be prepared to have these documents on hand and translated.
Jackolantern
Registered Users (C)
That's OK. If he was already a citizen when you became a permanent resident, and you were under 18 and living with him in the US in his legal and physical custody, you would instantly become a citizen on the same day you became a permanent resident!I am pretty sure i became a permanent resident after he became a citizen.
Your problem now is just gathering the proof. You need proof that you were living with him, proof of when he became a citizen, proof that he is your father, and proof that he had legal custody if your mother was not living with you (I'm assuming your mother is not a citizen, as I figure you would have already mentioned that).
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Things depend a bit on which year these things happened. At what age and year did you get your GC (assuming your father was already a citizen)? If this was after 2001 then you are most likely a citizen, if it was before then it is not clear at all, we would need to know about your mother circumstances.
For proof that you were living with your father could be school records that show the address of your father, health insurance records, things like that.
If you think you qualify as a citizen you can apply for a passport, or if you want to be extra sure you can apply for a certificate of citizenship with form N-600.
For proof that you were living with your father could be school records that show the address of your father, health insurance records, things like that.
If you think you qualify as a citizen you can apply for a passport, or if you want to be extra sure you can apply for a certificate of citizenship with form N-600.
sanjoseaug20
Registered Users (C)
Huracan mentioned some, here's an updated list
#1. School records showing your district at least being same as your father's home
#2. Health Insurance records showing you as beneficiary / nominee, maybe doctor's bills
#3. Tax records showing you as dependent
#4. Auto-insurance, if you were over 16 and living with him, your name must be there on the policy
But why would they need all these?
Jackolantern
Registered Users (C)
In addition to the documents that show you were living with him at some point after his naturalization and before your 18th birthday, you also need court documents showing that your father had sole legal custody of joint custody of you, unless your mother was also living at the same address.
My father has been a resident alien since 1986. He became a US citizen in 1996. I became a resident alien in 1997 at age 11.
I have lived with my biological mother and father since i was 1 year old.
My mother is also a Resident Alien.
According to your timeline you should already be a citizen, as in Feb 27, 2001 when the child citizenship act took effect you were in the physical and legal custody of your naturalized father, were under the age of 18 and had a Green Card. I think you can safely go ahead and apply for a passport. At the least you'll need your father's naturalization certificate, your Green Card, your birth certificate, and perhaps they'll need some other proof that you met all conditions of the child citizenship act before you turned 18. Besides this you might consider applying for a certificate of citizenship with form N-600. However, you should try the passport first.
More details on the child citizenship act:
http://travel.state.gov/visa/immigrants/types/types_1312.html
More details on the child citizenship act:
http://travel.state.gov/visa/immigrants/types/types_1312.html
Jackolantern
Registered Users (C)
The old rules (before Feb 27, 2001) required both parents to naturalize in order to confer citizenship onto their children, if the parents were together. So you would not have become a citizen at age 11.
Under the new rules only one parent has to naturalize for the children to become citizens. So you would have become a citizen in 2001 when the new law (Child Citizenship Act) took effect and you were 15 at the time. When applying for the passport, provide documents showing you were living with your father at age 15 (or 16 or 17), and that your mother was living at the same place (if your mother was living separately, you would need documents showing that your father had legal custody, so you can avoid that by showing your mother was living in the same place).
Jackolantern is right. I forgot to mention that the date you apparently became a citizen is Feb 27, 2001, the date the child citizenship act was enacted. The passport is not going to reflect this, but if you obtain a certificate of citizenship with N-600 then the certificate will most likely show that date as the date you gained citizenship.