n600

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ajdel

Registered Users (C)
hi all, i am LPR for like 15 years now i just want to know if somehow i can be qualified over n600 i was a 12 when i came to USA my dad was not a citizen when i was born and that is the reason why i got to the united states a little late than the usual he got his naturalization when i was 12 when the new rule was out(that minors who came in the united states was an automatic US Citizen) i was 17 at that time but turning 18 though i just wanted to know if i can qualify for it because im too scared to apply for the n400 because of my criminal record which is considered aggravated felony which was already 10 years ago if there are some of you of the same experience i really need an advice on this

thank you and god bless!
 
Aggravated felony conviction? You might be screwed...

The law is different for different time frames. To qualify for automatic citizenship, you might need one or both parents depending on the dates to become USC's. You would have to be under 18 years old when they (one or both) naturalized, you would have to had to be a LPR. If you qualified for US citizenship, then you record doesn't matter.

Do a online search for "Nationality Charts, derivative citizenship of children, chart 3" Sorry, best I can do.
 
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
Prior to 5/24/34 21 years Either parent NONE
On/after 5/24/34 & prior to 1/13/41 21 years Either parent U.S. citizenship effective 5 years from date child became a LPR.**
Both parents* NONE
On/after 1/13/41 & prior to 12/24/52 18 years Both parents* Child born out of wedlock derived on 12/14/52 if under the age of 16 and had remained an LPR.
On/after 12/24/52 & prior to 10/5/78 18 years Both parents* Child unmarried
On/after 10/5/78 & prior to 2/27/01 18 years Both parents* Child unmarried Includes child adopted before age 16 who must be residing with the adoptive parent(s) at time of their naturalization.
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.



* The definition of both parents includes:

a. The surviving parent should one die, OR

b. The parent having legal custody where there has been a legal separation or divorce, OR

c. The alien parent who naturalizes when the other parent is already a USC, OR

d. The mother of a child born out of wedlock, as long as the child has not been legitimated.

Exceptions: child born on/after 1/13/41 and prior to 12/24/52 AND on/after 2/27/01.

** Child relieved of the remainder of the 5-year wait if the naturalized parent comes to meet definition of ‘both parents’ .

§101(c) As used in title III-

(1) The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 320, and 321 of title III, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)), and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.
 
hi

thank you for replying... can you explain further on that i have been trying to research on it... it's just so confusing... in my understanding i do not qualify?
 
ajdel said:
thank you for replying... can you explain further on that i have been trying to research on it... it's just so confusing... in my understanding i do not qualify?
Click to expand...

Answer these questionssupply info:

Date of birth:

Date of entry with or adjustment to greencard status (look on card):

Date of dad's naturalization:

Parents' marital status (give history if there is a history):
 
dob: 03/04/1983

date of entry: may of 1995

dad's naturalization: 1992 or 1994 im not sure

marital status:

me and my other siblings were born out of wedlock when my dad got his citizenship he went bck home and married my mom and my dad petitioned us and arrived in USA on 1995.
 
ajdel said:
dob: 03/04/1983

date of entry: may of 1995

dad's naturalization: 1992 or 1994 im not sure

marital status:

me and my other siblings were born out of wedlock when my dad got his citizenship he went bck home and married my mom and my dad petitioned us and arrived in USA on 1995.
Click to expand...

When your dad married your mom YOU WERE UNDER 16 and on that day, you became legitimate UNLESS you were legitimated before then under the laws of the place where you were born and/or resided before they married.

Your dad petitioned for you as an IR-2, child of a USC, right?

The new law "Child Citizenship Act of 2000" (CCA) became effective on 2/27/2001. That new law only requires one USC parent by birth or naturalization for the legal LPR child under age 18 who is living with the USC parent to become a USC.

(USC parent qualifies: child was born in wedlock/legitimated/custody after divorce/sole surviving parent/unwed mother.)

According to what you have said, you became a USC on 2/27/2001, at the age of 17 yrs, 9 months and 23 days old while living in the U.S. with your parents , one of whom was a USC, and you had a greencard. [IF you were abroad and did not return until after age 18, you are not a USC.] [IF mom naturalized before 2/27/2001, then you became a USC the same day as her.]

File for the Certificate of Citizenship on form N-600. READ the form instructions, most, if not all, of your evidence is in your immigration A-file already. They probably have your B/C, parents' M/C, and copy of dad's natz cert. They can check in mom and dad's files if they need to.
 
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meaning it's automatic? i am just worried about my criminal records.. that they might question it..i have read the n600 form and it does not state anything about it... but i am just nervous that they might look at it and deny my application.
 
ajdel said:
meaning it's automatic? i am just worried about my criminal records.. that they might question it..i have read the n600 form and it does not state anything about it... but i am just nervous that they might look at it and deny my application.
Click to expand...

There is no "good moral character" requirement for derivative citizenship for a child through naturalization of a parent. You are a USC and can get a Certificate of Citizenship even if you were a convicted murderer. Some N-600's ARE filed by convicted felons while still in prison to avoid deportation.
 
hi, i recently called USCIS about my case they told me that i am indeed a US citizen due to the derivative citizenship that i acquired from my father and they had advised me that i got two options either to file for n600 or apply for an American passport already.. they suggested applying for a passport will be the quickest and convenient way... i just need to know if i can possibly do it without any complications since i still have an open arrest that i have to process. will it affect my passport application?
 
ajdel said:
hi, i recently called USCIS about my case they told me that i am indeed a US citizen due to the derivative citizenship that i acquired from my father and they had advised me that i got two options either to file for n600 or apply for an American passport already.. they suggested applying for a passport will be the quickest and convenient way... i just need to know if i can possibly do it without any complications since i still have an open arrest that i have to process. will it affect my passport application?
Click to expand...

YES. The Department of State can refuse to issue a passport based on a criminal matter so as not to help someone flee jurisdiction to avoid arrest. They also can refuse or revoke passports for criminal issues as well as other things like being severly behind on child support or national security (why issue a passport to someone on the No Fly List?)

The Certificate of Citizenship is NOT a travel document so would be issued.

In addition, completing the N-600 process will update the DHS database with citizenship status. ICE would base it's decision to detain and to place one in removal proceedings based on a database check.

If ever detained, one can assert that they are a USC but without proof (which includes the DHS database) one can be detained while they pursue recognition of citizenship.
 
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