Derivative citizenship

ajdel

Registered Users (C)
recently called USCIS to check wether i am an American citizen or not they told me i am indeed an american citizen due to below information. Derivative Citizenship that i have acquired thru my father.

I was born out of wedlock, my dad came back to the philippines to marry my mom at that time he was still an immigrant, he then became a citizen between 1991-1994. That is why i came in the USA early 1995 under his petition, i was 12 at that time. Ive had criminal convictions and recently learned that i still have an open arrest that i am still trying to process. When i called USCIS for information they had told me that i qualified on the derivative citizenship and advised me about my two options either to file N600 or apply for a US Passport. They told me to apply for a passport since it's fast and convenient. I just had doubts since i recently learned that i still have an open arrest will it affect my passport application? i renewed my GC 2 years ago and i didnt had any issues.

Nationality Chart #3: Derivative Citizenship of Children
A child may derive U.S. citizenship during the below listed historical periods if such child was under the statutory age AND a) the child was lawfully admitted for permanent residence AND b) the parent(s) naturalized. It does not matter in which order the actions occurred.
Period in which last action took place. Child became a LPR before the statutory age of: Naturalization of parent(s) prior to the statutory age of the child. Remarks

On/after 2/27/01 18 years One parent by birth or naturalization. Child is residing in the U.S. in the legal and physical custody of the USC parent. Applies to an adopted child of a USC; must meet §101(b)(1) INA adopted child requirements.

anyone had same situation? please i need some advise.

Thank you.
 
Is it correct to assume your mother didn't become a citizen before you turned 18, and she remained married to your father at least until you turned 18?

If yes, it appears that you became a citizen on Feb. 27, 2001 -- just barely made it by a few days.

But if your mother became a citizen before that date, or your parents divorced before that and you continued to live with your father, you may have derived citizenship before that.

Now as far as your passport is concerned -- for some kinds of crimes they won't issue or renew your passport while you have a pending criminal case, even if your citizenship is well-established. They don't want criminals fleeing the US to escape prison. I don't know what those specific rules are, except that unpaid child support is one thing that could cause your passport application to be rejected until you resolve it. But the arrest won't affect your eligibility to derive citizenship, even if it results in a felony conviction. So you could still get the N-600 even if your criminal case prevents you from getting a passport.

So go ahead and apply for the passport and see what happens. Gather evidence that you were living with your father in his legal and physical custody on Feb. 27, 2001, or before that date if you qualified for citizenship earlier than that.
 
Yes, my mom remained LPR till now and my parents are still married till now... i'm just concerned that i am putting myself in jeopardy if i apply for the passport. Is it more complicated to apply for a passport than renewing a greencard?
 
Yes, my mom remained LPR till now and my parents are still married till now... i'm just concerned that i am putting myself in jeopardy if i apply for the passport. Is it more complicated to apply for a passport than renewing a greencard?

You're not putting yourself in jeopardy by applying for a US passport. If they refuse to issue the passport because of your criminal case, that doesn't affect your underlying US citizenship. A person could be a born US citizen and they'd still refuse to issue the passport if they have certain kinds of pending criminal cases or probation; that doesn't undo their citizenship, it only makes it harder for them to flee the country.

So if they refuse your passport because of your criminal case, just go ahead and apply for the N-600 and you'll get it. The certificate you'll get for the N-600 is not a travel document, so criminal convictions won't cause them to refuse to issue it.
 
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Why do you keep asking the same question? You asked the same question in January and was already adequately answered by BigJoe5. It is still the same answer either N-600 or passport, your choice, no harm done with either one. Are you concerned about getting deported because of your past crimes, and arrests? I hope you can straighten out your situation.
 
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