May already be a citizen??

M

mpark46

Registered Users (C)
I became a permanent resident in 1977 (age 2). My dad filed for my citizenship then, but I guess it was denied because my mom was not a citizen at the time.

She received her citizenship in 1991, when I was 16...

I didn't realize this, and travelled for a while after college. I just recently applied for my citizenship, and had my interview yesterday.

My interviewing officer told me that if I was not yet 18 (I was 16 in 1991) by the time both my parents go their citizenship, all I needed to do was get copies of their naturalization papers and turn them in for a US Passport...no need to get sworn in or anything.

Just in case, I took the test and passed no problem (there was a problem with my fingerprints however...I got them taken twice and they couldn't be analyzed properly? The IO said that if my parent's papers weren't in order then I would just need a letter from my local police dept stating that I had no record).

Does anybody know where I am supposed to turn in these papers for a passport? She said I would receive a letter requesting the docs, but just wondering if anybody had heard of anything like that.

Basically, if my parent docs turn out to be fine, then they would in fact deny my application since I am esssentially already a citizen.

OY!!! I'm confused.
 
I thought the Child Citizenship Act became effective only in 2000 and not earlier. Does it work retroactively?
 
Unfortunately you are not going to get a refund and I think it looks like you might be a citizen as they suggested. Before the 2000 child citizenship act the law that applied was that both parents had to naturalize. After the CCA of 2000 (applied on Feb 2001) only one parent needs to naturalize. So, basically if both your parents naturalized before you turned 18, which seems to be the case and you had a Green Card I think you derived citizenship from your parents automatically.

Now, if you don't want for USCIS to tell you this and want to apply for a passport you could go to the post office (one that processes passports) with your birth certificate (I think it needs to be translated into English if it is not in English, but I am not sure). Here is the info from the passport application:

If You Claim Citizenship Through Naturalization Of Parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate,
and proof of your admission to the United States for permanent residence.

The proof of admission as a permanent resident means your Green Card.

More information about passports at http://travel.state.gov/passport/passport_1738.html
 
Congrats :)

However it sucks that you had to pay,, and then wait for the process to progress slowly only to find out at the interview that you are already a citizen.

the good news is you are a US citizen.... enjoy it :)
 
I just confirmed that with a friend of mine who is an IO. You were 16 when both your paretns became naturalized so since you were under 18, you automatically became a citizen at 16.

For passport, just take your parents Naturalization certs and your birth certificate (originals + photos) and go to a passport office (not sure if you need an appointment).

You should be all set.

Congratulations and I wouldn't hold my breath if you want your money back. They already did some processing so they will tell you that you needed to pay them for these anyway.
 
Thanks everyone! Yeah, the IO told me that the fees wouldn't be refundable but that isn't a big deal.

I don't have my original birth certificate (or even a copy for that matter). Do you think that will be a problem?
 
Yes, you'll need to obtain a certificate, original doesn't mean the first certificate you got, you should be able to apply for another certificate at the office that registered your birth. Not a copy means not a photocopy, but a birth certificate directly issued by a proper authority. I am not sure what other good option you can have. If you look at it objectively it is a reasonable request, how can they be sure otherwise that your parents are indeed your parents without the birth certificate? Each city, state or province does things differently. I know that it's a bummer that after waiting for your naturalization they will most likely deny it because you are a citizen, but you lack a vital document to be able to prove your citizenship to the Department of State to obtain a passport. By the way, I would recommend you to apply for both a passport book and passport card to have a backup citizenship document in case you lose one. Keep the card with your parents for example.
 
I was supposed to hear back from my IO but have not yet.

Can I just go to any passport issuing agency (like the post office) to get my Passport?
 
Huracan said:
Unfortunately you are not going to get a refund and I think it looks like you might be a citizen as they suggested. Before the 2000 child citizenship act the law that applied was that both parents had to naturalize. After the CCA of 2000 (applied on Feb 2001) only one parent needs to naturalize. So, basically if both your parents naturalized before you turned 18, which seems to be the case and you had a Green Card I think you derived citizenship from your parents automatically.

Now, if you don't want for USCIS to tell you this and want to apply for a passport you could go to the post office (one that processes passports) with your birth certificate (I think it needs to be translated into English if it is not in English, but I am not sure). Here is the info from the passport application:

If You Claim Citizenship Through Naturalization Of Parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate,
and proof of your admission to the United States for permanent residence.

The proof of admission as a permanent resident means your Green Card.

More information about passports at http://travel.state.gov/passport/passport_1738.html
Click to expand...

Have these rules changed? I can't seem to find this anywhere on the USCIS website anymore.
 
ok, let me get this straight. My mom got her citizenship back in 85' i was 5 back then. she petitioned me back in 91' and got my green card. Could i have gotten my citizenship just by showing my moms citizenship and my birth certificate? also, dad was not a U.S. citizen only mom.
 
mpark46 said:
I see your point. I guess I've always thought of my greencard as my birth certificate.
Click to expand...

If you're Korean, have your father get a copy of your birth registration from Korea. He can probably ask a relative to do it. I'll be a printout that lists his name (as head of household), birth date and identification number and under it will list the same for his parents, your mother, you and any siblings. One of your parents can do a quick translation and have them certify as to correctness of the translation (and notarize the certification of correct translation).

Family records are kept nationally in Korea. "Birth certificates" may be issued by hospitals, but there's no certainty that such records still exist or that the hospital still exists if it was a small private one.
 
slade said:
ok, let me get this straight. My mom got her citizenship back in 85' i was 5 back then. she petitioned me back in 91' and got my green card. Could i have gotten my citizenship just by showing my moms citizenship and my birth certificate? also, dad was not a U.S. citizen only mom.
Click to expand...

Only if your dad ALSO got his citizenship before you turned 18.
 
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