Do I qualify under Child Protection Act?

R

Rikk

Registered Users (C)
I'm 37 yrs old and have been in the US since I was 15 yrs old. After a long time of being a PR, I recently decided to try to apply for US citizenship and been doing some research. Here's some info:
- Been here since 1988 (15 yrs old) and have a green card with no expiration date
- Father is naturalized US citizen way before I came here
- I serve in the US Marine Corps for 4 yrs (1992-1996), honorably discharge
- No felony
- Lived with my Father until I was 18 yrs old before joining the Marines
I recently found out the Child Protection Act. Do I qualify under The Child Protection Act or I have to do N-400 process? Thank you in advance for any advice.
 
It's the Child Citizenship Act, and you turned 18 years before it was passed so you can't benefit from it.

But you may qualify for derived citizenship based on the older law, which would require BOTH parents to become US citizens before you turned 18, or one parent if that parent has full sole custody after a divorce/separation or is the only living parent.
 
You will have to file N-400. The child citizenship act applies to those who were under 18 years of age in Feb 2001. If you turned 18 before Feb 2001, you are not eligible to get automatic derivative citizenship.
 
Thanks for the reply. Totally missed the part regarding " the child has to be under 18 in Feb 2001". How does the old law derived citizenship works? My parents are divorce and my father had full custody of me when I was under 18. Do I need to hire a lawyer or is it even worth it than filing N-400?
 
nkm-oct23 said:
You will have to file N-400. The child citizenship act applies to those who were under 18 years of age in Feb 2001. If you turned 18 before Feb 2001, you are not eligible to get automatic derivative citizenship.
Click to expand...
But automatic derivative citizenship is possible under the old laws.
 
Rikk said:
My parents are divorce and my father had full custody of me when I was under 18. Do I need to hire a lawyer or is it even worth it than filing N-400?
Click to expand...
Gather up the custody papers, along with evidence that you were actually living with your father at some time between your grant of permanent residence and your 18th birthday (e.g. school records showing you had the same address) and apply for a US passport. Also apply for N-600 (although it's optional) so you have a more solid basis for proving citizenship going forward. No lawyer required.

Remember that the USC parent having FULL custody is required under the old law, not shared custody with both parents.
 
Jackolantern said:
But automatic derivative citizenship is possible under the old laws.
Click to expand...

Is this the old law?

Children, who turned 18 before Feb. 27, 2001 (YES), automatically became U.S. citizens if: (1) a parent naturalized before the child turned 18 (YES), (2) the child became a permanent resident before turning 18 (YES), (3) the child was unmarried (YES), and the child met one of the following conditions:
# The other parent was or became a U.S. citizen.
# The child was born out of wedlock and the parent naturalized was the mother.
# The child's other parent was deceased.
# The parents were divorced or separated and the parent being naturalized had legal custody of the child following the divorce or separation (Need to gather custody paper). If the child is born illegitimate and is not legitimated before reaching the age of 18, the naturalization of the father will not result in the child gaining derivative citizenship.


 
I talked to my Dad which is out of the country at the moment. I remember that we went for my citizenship interview when I was 18 and was told to that I no longer qualify since I turned 18 and have to wait until I meet the 5 yr residency requirement. He applied for my citizenship when I was a minor but interview wasn't scheduled until after I turned 18. I was young and didn't know the law. My 2 minor younger brothers who came after me got their citizenship automatically..hmmmmm???
 
Rikk said:
I talked to my Dad which is out of the country at the moment. I remember that we went for my citizenship interview when I was 18 and was told to that I no longer qualify since I turned 18 and have to wait until I meet the 5 yr residency requirement.
Click to expand...
Under what process was this? N-600? N-600K? A passport application? Inside the US or outside?

The N-600K would have required you to be still under 18 through the process. Not the others.
 
Jackolantern said:
Under what process was this? N-600? N-600K? A passport application? Inside the US or outside?

The N-600K would have required you to be still under 18 through the process. Not the others.
Click to expand...

He doesn't remember. He probably filled out the wrong form, from what you stated he may have used N600K. He applied in the US. Is their a way to find what form he filled out and ammend it.
 
Rikk said:
He doesn't remember. He probably filled out the wrong form, from what you stated he may have used N600K. He applied in the US. Is their a way to find what form he filled out and ammend it.
Click to expand...
Amending it nearly 20 years later? Surely not. A new application has to be filed at this time, using the new version of the form and following the new instructions.

Did you actually live in the US with your father from age 15-17, or did you simply set foot in the US for a minimal period to get the green card, then you left the US to continue living abroad?

Was your interview inside the US, or at a consulate outside? If it was inside the US, was it at a post office, or a passport agency, or an INS office?
 
Been living in the US since. I lived with my father until I was 18 and joined the military. Interview was conducted at INS office (San Jose, Ca). Thanks for the all the input Jackolantern. I really appreciate it.
 
Rikk said:
Been living in the US since. I lived with my father until I was 18 and joined the military. Interview was conducted at INS office (San Jose, Ca). Thanks for the all the input Jackolantern. I really appreciate it.
Click to expand...

I don't see any benifit for you in going through your father...It is not ganna save you money..it is not ganna
save you time....If you go through you normall N-400, the average time is about 3 months..and the cost is
almost 700...If you go through your father the cost is almost $500 and there is not limit on time...and it
requires many documents dating back when you were under 18....

So if I were you I would just go for the N-400....good luck
 
faysal said:
I don't see any benifit for you in going through your father...It is not ganna save you money..it is not ganna
save you time....If you go through you normall N-400, the average time is about 3 months..and the cost is
almost 700...If you go through your father the cost is almost $500 and there is not limit on time...and it
requires many documents dating back when you were under 18....
Click to expand...
But the OP can get a passport much quicker and cheaper with derivative citizenship. The derivative citizenship route also dates the beginning of citizenship much earlier, which could be of some advantage later on (e.g. a new law might require being a citizen for X years to confer citizenship at a child's birth abroad, or to run for governor, etc.). And the passport/N-600 route also eliminates the FBI name check and its possible lengthy delays.
 
Last edited by a moderator:
faysal said:
I don't see any benifit for you in going through your father...It is not ganna save you money..it is not ganna
save you time....If you go through you normall N-400, the average time is about 3 months..and the cost is
almost 700...If you go through your father the cost is almost $500 and there is not limit on time...and it
requires many documents dating back when you were under 18....

So if I were you I would just go for the N-400....good luck
Click to expand...

I don't buy the average time being about 3 months. It varies a lot depending on location. 3 months is more like a minimum, and in some locations (such as Atlanta, where I am) it seems that the typical time is at least 5 months, at present. If the OP can gather up some papers and apply successfully for a passport, he'll save significant time and money.
 
I'm in the process of gathering the papers which shouldn't be that hard. I'm going for the passport approach. If I get denied, would that create any negative impact on future application? I'll update with progress. thanks
 
No, no negative impact. If you think you have a chance of success give it a try. However, they might come back even after they give you the passport and ask you for additional documentation. It has happened to other people.
 
Rikk said:
I'm in the process of gathering the papers which shouldn't be that hard. I'm going for the passport approach. If I get denied, would that create any negative impact on future application? I'll update with progress. thanks
Click to expand...

Bear in mind that because you are applying with the old law, the staff at the post office may be unfamiliar with it and may be inclined to reject your application. So you will have to be firm and persistent; remind them that you are not asking them to approve anything or give you a passport right now, you only want them to take the documents and let the Department of State make the decision based on the evidence.
 
Jackolantern said:
But the OP can get a passport much quicker and cheaper with derivative citizenship. The derivative citizenship route also dates the beginning of citizenship much earlier, which could be of some advantage later on (e.g. a new law might require being a citizen for X years to confer citizenship at a child's birth abroad, or to run for governor, etc.). And the passport/N-600 route also eliminates the FBI name check and its possible lengthy delays.
Click to expand...

Passport is travell document. It does not estublish citizenship. For example, if you wanna seek any benefits from government, say you wanna petition for your wife or run for office, you must show citizenship certificate, not a passport....

I agree that the time frame for N-400 is more than 3 months, but the N-600 in my state they are processing applications from 2007. The guy will ultimately has to file N-600 to get naturalization certificate, and that is where the complications will
lie in. Still it is better to for him to file N-400 and then pastport as oppossed to Passport and then N-600...
 
You must log in or register to reply here.
Top