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ColorfulSnakers

Do I qualify under the CCA

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I was born in the Philippines September 1986, and at the time of my birth, my mom was a US citizen (at least as far as the US embassy was concerned. My mom thought she lost her US citizenship, but the embassy said she didn't).

Recently, my mom and aunt has been checking if one of my cousins qualifies for the derivative citizenship from grandparents as our grandfather was a US citizen and was in the US Navy and was told by my aunt that I qualify for the Child Citizenship act of 2000. When I read the requirements, it seems that I "missed" the opportunity since I became an LPR after I turned 18. I am not sure I am reading things correctly though.

So, here are the facts:

My mom moved to the US when I was 14 (She was also born in the Philippines and never lived in the US until she moved here when I was 14). I lived with my other aunt's until I moved to the US with my mom. She filed for petition before I turned 21. I was admitted to the US as an LPR when I was 22. Technically, I was under my mom's custody since we maintained communcation and she supported me, but I was living in the Philippines while she was living in the US.

Oddly enough, I have received a notice for dury twice (I do not know if this is typical of legal immigrants) even before completing my five year residence in the US. When I got a job in retail, I checked my online account with the company, and it stated that I was a "US citizen" but I never claimed to be a US citizen. I provided them my greencard when I signed the work contract. I always checked the "legal immgrant check box". When I renewed my Covered California this year, it said again in my profile that I was a US Citizen. Again, when I applied for Covered CA, I never claimed to be a US citizen, but as a legal immigrant and provided by alien number from my green card. I have not called Covered CA to clarify that though.

I plan to apply for naturalization after I graduate (within two years), but when my aunt said that I qualify under the CCA of 2000, it got me thinking. However, I am not sure if I really qualify given that I was not an LPR until I was 22.

Edited by ColorfulSnakers

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From what you said, you didn't get US citizenship through INA 320, because you were not an LPR under age 18. You also didn't get US citizenship at birth from your mother because she was not physically present in the US for 10 years before your birth.

What they said about the grandfather sounds like they are talking about the INA 322 process, which is a process for getting US citizenship for a child under 18 while residing abroad (without moving to the US), in which they can use the physical presence of the US citizen parent as well as a US citizen grandparent to meet the 5 year requirement. For this process, they would submit an N-600K, and the child would travel to the US on a B2 visa to take the oath, which must be taken while under 18 for it to work. This doesn't apply to you because you didn't go through this process while under 18.

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That's what I thought, too. So, I really don't know why my aunt is saying that I qualify for it.

I guess, I just need confirmation that I am reading the CCA corrrectly. Though what is with Covered CA putting that I am a US citizen? Do they put US Citizen for people who are LPRs too? I never claimed that I was as I am aware that is grounds for deportation and permanent blacklist.

By the way, my cousin is a greencard holder and he was born 1980...I'm not sure why he's not a US citizen like his siblings (all born in 1985 and after, all but one were born in the Philippines). They moved to the US, I believe, 1997 or 1998. Their father is also a US citizen a birth, never lived in the US until the mid 1990s.

Edited by ColorfulSnakers

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