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  • Auto-Citizen

    If I was only 11 y.o. and already living, as an LPR, in the states for 7 years when my mother naturalized - doesn't that make me an auto-citizen?

  • #2
    If I was only 11 y.o. and already living, as an LPR, in the states for 7 years when my mother naturalized - doesn't that make me an auto-citizen?


    • #3
      Sec.322 (a) A parent who is a citizen of United States may apply to the Attorney General for a certificate of citizenship on behalf of a child born out side of the United States. The Attorney General shall issue such a certificate of citizenship upon proof to the satisfaction of the Attorney General that the following conditions have been fulfilled:
      (1) At least one parents is a citizen of the United States, whether by birth or naturalization.
      (2) The child is physically present in the United states pursuant to a lawful admission.
      (3) the child is under the age of 18 yaers and in legal custody of the citizen parent.

      Now the question is how old are you?


      • #4
        And was he in the custody of the citizen parent while he lived here?


        • #5
          I am 25. My mother naturalized in 1992. I know, by law, you can apply even after you have reached your 18th birthday. This is being determined by a local non-profit immigration advocacy group. The "under 18" clause only refers to time of naturalization of the parent. Now what?


          • #6
            I lived w/ both mother(naturalized) and father(LPR). I quess that would be joint custody.//?


            • #7
              Adam, is your information from the "Child Citizenship Act of 2000." section 101?

              Individuals who are 18 years of age or older on February 27, 2001, do not qualify under this law notwithstanding the fact that they meet the law's other criteria; however, children, including those adopted prior to February 27, 2001, who are under 18 and residing in the United States as a LPR in the legal and physical custody of a U.S. citizen parent on February 27, 2001 acquire citizenship automatically.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.


              • #8
                sappyconifer: This is INA Sec under which the Immigration Laws are govern.
                Child Citizenship Act is govern by the INA Sec 101 which gives the General Definiations of terms used under this Act, with the visa class, relationship,officers, and many other matters. This Act has about 27 pages
                If this Act is used in this case it has to be Ammended to reflect this matter.
                What you need in this case: RAHAI'S date of birth, date of arrival as Lawfull Permanent Residence Alien, I hope the family arrived at the same time as Immigrant.
                Mothers date of Naturalization.
                Then we can give him clear answer to his question.

                According to his question, I am confident that he can claim his Citizenship as per above section of the INA.

                (2) The Act you refer was enacted on Feb. 27, 2001. Rahai's Mother was Naturalized in 1992.
                Keep this in mind, This will be a delayed Citizenship case which is known as "UNAWEARNESS"
                sappyconifer, I appreciate your comments on this subject. Thank you for your help in this matter taking me back in to my Offic againg after five years of my retirement.


                • #9
                  Thank you for the detailed information.
                  I entered the U.S. with my mother in 1984. We were ayslees. My LPR began in 04/1984. In 1992 my mother naturalized. My father did not enter the U.S. until 1987. My father is currently naturalizing. Case to be made: I am deriving citizenship through my mother who naturalized as I was only 11 years old and in her legal custody. My father did live with us, however he was only a LPR. Only one parent naturalized while I was under 18, residing in the U.S. continuously...


                  • #10
                    Rahai, you are a citizen of United States. Because your mother was naturalized while you were under 18 years of age. I already said in my post that I am confident about your citizenship.
                    Wish you all the best.


                    • #11
                      You can file N600 to get your Certificate of Naturalization.


                      • #12
                        Adam is right in giving you the correct info on the matter according to your question, but you have not given him complete information in your post.
                        I am not sure why you guys conseal the information and want to have answers.

                        You was born in 1973.
                        At the time of your arrival in US, You was already 11 years of age.
                        Your Mother became a Citizen in 1992 after 8 years of arrival..
                        You might be 18 years of age at that time, and you must have file for your Citizenship as well.
                        I hope you get your citizenship like wise he said delayed citizenship/unawearness.


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