Just a quick question.

I have a daughter in Australia from a previous marriage who I see regularly and have a very close relationship with. My question is that when I become a US Citizen, and my daughter comes to live with me when she is older ( before 21), can she claim US Citizenship and get her US passport? She is an Australian Citizen.

Thanks all.

A "claim" to US Citizenship is a birth right and does not happen automatically if a parent subsequently naturalizes.

No.

This might help you understand a little better.

Citizenship through parents

You could look on the USCIS website too, I am sure they have details of requirements on there. www. uscis.gov.

My daugher "derived" citizenship from me when I naturalized. It is not just a birthright, and is "automatic" if the child is under 18 and holds a green card. As soon as I received my Naturalization Certificate, we simply applied for an American passport for her - which arrived within a couple of weeks.

Did you have proof of legal custody when you filed for the American passport?

We have my husband's children here in the united states on current green cards and my husband will be getting his citizenship in 2007 with any luck, but the children's mother is trying to pull the children back to Australia before we can get their dual citizenship. We are hoping that if they return to Australia before my husband obtains his Naturalization Certificate that we can get them back here on a holiday and since they are under 18 and have a current green card (we may have to file the I-131 for a re-entry permit) that they will obtain their citizenship when they arrive in the country. We can then apply for the passport the day they arrive and have it within a couple weeks before they would leave back to Australia. The big stumbling block that I can see is that we may not have full time legal custody of the children. What we really want is to have access to them to come live or visit us when ever and however long they want to. We have already gone through the immigration process and we are not ready to give up the dream of them becoming dual citizens. Any advice would be great!

Also has anyone filed a I-131 for reentry permit (stays outside of the US for more than one year) after you have already left the country? The form seems to state that you have to file before you leave the country, but I don't see any options for obtaining this re-entry if you have already left. For example if you didn't think your trip was going to be more than 12 months and it ended up being longer.

In order for a child to derive US Citizensip fro you, she must be a permanent resident of the US and under the age of 18 when you are a US Citizen. If those two conditions are not fulfilled (which is appears to be), then no.. she cannot derive US Citizenship from you. She will have to apply and naturalize on her own...