Laws in effect N-600 regarding custody

V

VonDutch

New Member
Am I eligible to apply for derived citizenship using laws that were in place in 1987 when I turned 18?

My main concern is whether i meet the condition of legal custody while my naturalized father had joint and legal custody of me before I turned 18.



1) I had my green card more than 5 years before I turned 18

2) I was unmarried

3) My father naturalized before I was 18

4) My father had JOINT and legal custody of me before I turned 18

5) I physically resided with my father up to age 18



I am concerned with the laws in affect during that time period. Would I have to quote laws in place at that time with my application?
 
You don't have to quote laws in place, but you have to make sure that you read the law carefully and make sure you qualify or you will be out $600 for the application fee for the N600 if you go ahead and apply without qualifying.

Based on the info here http://www.ilrc.org/files/documents/nats_chart_c_10.pdf the law in effect at 1987 was:

a. Both parents must naturalize, or if only one parent naturalizes, the other parent must be either a U.S. citizen at the time of the child’s birth and remain a U.S. citizen, or be deceased, or the parents must be legally separated and the naturalizing parent must have legal custody. IS YOUR MOTHER A US CITIZEN? ARE THEY LEGALLY SEPARATED? DO YOU HAVE ANY COURT DOCUMENTS SHOWING YOUR FATHER HAD LEGAL CUSTODY?

b. In the case of a child who was illegitimate at birth, the child must not be legitimated, and it must be the mother who naturalizes. If the child is legitimated, s/he can derive only if both parents naturalize, or the non-naturalizing parent is dead. WERE YOUR PARENTS MARRIED WHEN YOU WERE BORN? IF SO, IT HAS TO BE YOUR MOTHER WHO NATURALIZES, NOT YOUR FATHER, OTHERWISE BOTH PARENTS HAVE TO NATURALIZE OR MOTHER HAS TO BE DECEASED.

c. Parent or parents must have been naturalized prior to the child’s 18th birthday; YOUR FATHER WAS BUT WHAT ABOUT YOUR MOTHER?

d. Child must have been lawfully admitted for permanent residence before the 18th birthday YES YOU ARE OK

e. Child must be unmarried; YOU ARE OK HERE

f. Adopted child may derive citizenship if the child is residing in the U.S. at the time of the adoptive parent(s)’s naturalization,29 is in the legal custody of the adoptive parent(s), is a lawful permanent resident and adoption occurred before s/he turned 18. Stepchild cannot derive citizenship. YOU ARE OK HERE

***At this point I would say you do not qualify, but there are also some holes in the information you provided and I am not an attorney, just applying the law as I underestand it to the facts you have provided.
 
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