N-600 Question

nils2216

New Member
I was reading about N-600 and I don't know if my case applies, maybe someone can please help me.

I was born in 1980 in El Salvador, never met my father my mother immigrated to the us when i was 5, I came to the us with a green card in sept, 1990, my mother became a citizen in 1997, I was 17.

She got married in 1989, my stepfather never adopted me.

Do I qualify for the N-600?

any help will be greatly appreciated.
 
SInce you were over 18 in Feb 2001 you cannot claim derivative sitisenship thru your mom. You should file N-400 application for naturalization.
 
SInce you were over 18 in Feb 2001 you cannot claim derivative sitisenship thru your mom. You should file N-400 application for naturalization.
How is this 'Feb 2001' playing a role in this case? His mom got her citizenship in 1997 when the guy was 17 years old. I thought he is an eligible candidate for deriving his citizenship thru his mom. His step father not adopting him or his mom's marriage in 1989 has nothing to do in his case.
 
Child citizenship act was passed in 2001 with Feb 2001 as the date that law came into effect. That law says that:
children who have green cards;
were under 18 as of Feb 2001 or later;
live in the US with their US citizen (by birth or naturalized) parent(s)
are considered to have aquired US citizenship automatically.

The OP does not qualify for this provision and has to apply for naturalization by filing N-400.
 
I thought children under 18 automatically become citizens if a parent gets naturalized.
I think you qualify and you could just apply for a US passport.
 
Child citizenship act was passed in 2001 with Feb 2001 as the date that law came into effect. That law says that:
children who have green cards;
were under 18 as of Feb 2001 or later;
live in the US with their US citizen (by birth or naturalized) parent(s)
are considered to have aquired US citizenship automatically.

The OP does not qualify for this provision and has to apply for naturalization by filing N-400.

Oh I see. Thanks for clearing it up. I learnt something new. Both of my boys (17.5 and 15 years) got their citizenship thru me back in 2006 and I was not aware that the child citizenship law had a beginning date nor was I interested in researching it as it was not of interest to me. I love this forum. Always lean something new every time I visit. Of course I also see a whole bunch of crap being spread by few paranoid folks that fear even their own shadows. Anyway thanks NKM.
 
If your mother never married your biological father (your were born out of wedlock) or your mother and your biological father got divorced AND your mother was granted full legal custody over you then you became a citizen (and can file N-600 now) the moment your mother naturalized.
 
here is this web site it does not let me post the link says i need to have more than 15 posts

web.cuny.edu/about/citizenship/us-citizenship/CitizenshipforChildren/Chart-C.pdf

I found this guide, where i do qualify

a. Both parents must naturalize, or if only one parent naturalizes, the other parent must be either a US citizen or
deceased, or the parents must be legally separated and the naturalizing parent must have 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 only derive if both parents naturalize, or the
non-naturalizing parent is dead;
c. Parent or parents must have been naturalized prior to the child’s 18th birthday;
d. Child must have been lawfully admitted for permanent residence before the 18th birthday;
e. Child must be unmarried;
f. Adopted child may derive citizenship if the child is residing in the US at the time of the adoptive parent(s)’
naturalization, is in the legal custody of the adoptive parent(s), entered the US as a lawful permanent resident
and adoption occurred before s/he turned 18. Stepchild cannot derive citizenship.

thank you for your help
 
I found this guide, where i do qualify

a. Both parents must naturalize, or if only one parent naturalizes, the other parent must be either a US citizen or
deceased, or the parents must be legally separated and the naturalizing parent must have 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 only derive if both parents naturalize, or the
non-naturalizing parent is dead;
c. Parent or parents must have been naturalized prior to the child’s 18th birthday;
d. Child must have been lawfully admitted for permanent residence before the 18th birthday;
e. Child must be unmarried;
f. Adopted child may derive citizenship if the child is residing in the US at the time of the adoptive parent(s)’
naturalization, is in the legal custody of the adoptive parent(s), entered the US as a lawful permanent resident
and adoption occurred before s/he turned 18. Stepchild cannot derive citizenship.

thank you for your help

bergolz I assume raised the divorced parents and illegitimate child exceptions (a and b in the list above) because your original post stated that you "never met" your father. Presumably you know if your parents were divorced (and who had custody) or if you were illegitimate (then legitimated)...if not, ask your mother. This is a factual question and I don't believe any of us are psychics. :D
 
:eek: Scary coincidence, but found this while randomly browsing USCIS website.

Go to "E1", then decisions issued in 2008 and check out the first pdf (Feb 13, 2008 #1):
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

See the bottom of page 3. Apparently as per El Salvadorian law, you are considered "legitimated" once paternity is established. If your birth certificate indicates that your father, even if he wasn't married to your mother, acknowledged your birth, then you're not eligible for derivative citizenship as per the discussion in this thread. Decision also has interesting commentary regarding custody.
 
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