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Thread: Citizenship through naturalized parents

  1. #1
    I started this post earlier and hit the wrong key so I don't know if it went through or not.

    Anyway, I found out last month that I had derived citizenship through my parents because their naturalization and my receiving LPR status took place before I turned 18. No paperwork had to be filed on my behalf; citizenship was an application of law. At one point in time determination of derivation was based on parental naturalization and child's status as an LPR being completed before the child's 16th birthday. That was changed in October 1978 to age 18 (but it wasn't retroactive). It took until 1997 for someone to challenge the unfairness of the age change not being retroactive and he won. It's now changed and age 18 is accepted as if it had been written that way in the 1952 Immigration and Naturalization Act.

    One note, however, age 18 applies to persons born on or after December 22, 1952 (I think it's the 22nd). Before that date I think the age was 21, but I could be wrong. The best way to find out is to look up Citizenship Derivation Chart #3, where it sets out the dates, ages and other information.

    To prove citizenship I applied for an American passport and provided proof of my parent's marriage, my birth, their naturalization and my LPR status before age 18, and I got the passport. You can also file an N-600 (Certificate of Citizenship) and get your proof of citizenship that way (though it takes about a year for it all to be said and done). By the way, if any documents are in a foreign language they need to be translated by someone other than yourself or a family member and then notarized.

    I hope I've helped someone with my post and maybe saved some headaches and money.

  2. #2
    I started this post earlier and hit the wrong key so I don't know if it went through or not.

    Anyway, I found out last month that I had derived citizenship through my parents because their naturalization and my receiving LPR status took place before I turned 18. No paperwork had to be filed on my behalf; citizenship was an application of law. At one point in time determination of derivation was based on parental naturalization and child's status as an LPR being completed before the child's 16th birthday. That was changed in October 1978 to age 18 (but it wasn't retroactive). It took until 1997 for someone to challenge the unfairness of the age change not being retroactive and he won. It's now changed and age 18 is accepted as if it had been written that way in the 1952 Immigration and Naturalization Act.

    One note, however, age 18 applies to persons born on or after December 22, 1952 (I think it's the 22nd). Before that date I think the age was 21, but I could be wrong. The best way to find out is to look up Citizenship Derivation Chart #3, where it sets out the dates, ages and other information.

    To prove citizenship I applied for an American passport and provided proof of my parent's marriage, my birth, their naturalization and my LPR status before age 18, and I got the passport. You can also file an N-600 (Certificate of Citizenship) and get your proof of citizenship that way (though it takes about a year for it all to be said and done). By the way, if any documents are in a foreign language they need to be translated by someone other than yourself or a family member and then notarized.

    I hope I've helped someone with my post and maybe saved some headaches and money.

  3. #3
    I think we have thesame situation here but I just want to know how old were you when you apply for your US passport, am 29 yrs old now and just found out that I might be a citizen through my Dad. He was naturalized when i was 16 or 17 yrs of age. Do you think I have a chance for US passport? am currently holding a US permanent resident allien card and i was born in the philippines.

  4. #4
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Did you become a LPR *before* turning 18?

  5. #5
    If you have entered US as an immigrant along with your parents, you was under 18 years of age, at the time of your parents Naturalization you was in the United States then you can claim your citizenship.
    You will have to proof to the USCIS/BCIS that you Entered US legaly received your Alien status, and since then you are residing in the United States, and you was present at the time of your parents naturalization, then you can claim your citizenship through your parents naturalization.
    I think you both can claim the US Citizenship, and you can also apply for the Citizenship certificate.
    I am not sure but I think that the age is now 26 years.
    Let see what other guys had to say in this regards.

  6. #6
    I would like to thank every body for their helped. How long do you get LPR? i was 15 yrs old and a resident alien when i came here back in 1992, my parents are already in states when we came here. My dad been in states for 7 years before he got his naturalization and my mom never got her citizenship. Should i still try for passport or i have to apply for naturalization?

  7. #7
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    If all three of the follwing occurred at the same time at any moment, you may already be a citizen:

    You were under 18
    You lived with your father, who was a citizen
    You held a "green card" (were LPR)

    If so, then you can go directly to apply for a passport. (There is an extra fee and wait to adjudicate your citizenship).

  8. #8
    You can remain LPR through out your life, unless you want to become a Citizen through Naturlization.
    Why don't you look at USCIS and go to Eligibility for Naturalization, run the copy and complete the form and see how long you have lived in the United States.
    US Passport:You can complete the passport application along with the supplement passport form your,attached a copy of your LPR card your fathers Naturlization Cerificate. This will proof your age at the time of your father's naturlization I think you have a claim to US Citizenship.
    You should go to Passport Agency and not to Post Office, You will be able to talk to some one responsible and knows the law.

  9. #9
    I have a situation. Both of my parents are Naturalize before I turned 18. My father filed I-130 when he become a lawful permanent resident for me. It was approved. I then filed for adjustment of status. Recieved my green card after I turned 18yrs. I am confused, so shouldnt my green card said that I am a lawful permanent resident as of the date that my father become naturalized? then should I be able to apply for my passport? My mother become naturalized about a year before my father.

  10. #10
    Jennifer12: How your parents received there LPR status, Who file the petition for them.
    On what visa you were in the US?
    Need detailed info to loook into this matter.

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