Child Citizenship Act 2000

[rocko84 0]

Good day to everyone. I have a question regarding my situation with regards to the Child Citizenship Act. I was born on 1984 thus the CCA of 2000 applies to my situation. However, I arrived and was admitted in the US to live with my mother when I was 17 with a B1/B2 visa(Tourist, Non-immigrant). Shortly after she had filed a petition on my behalf to adjust my status from non-immigrant to immigrant and eventually as a permanent resident. During that time, my mother naturalized while I was still 17. After her oath taking, we were informed by the INS officer, that any children that my mother has who is currently living with her provided that they were still under 18 are citizens. Unfortunately, due to the processing times of immigrant visa's, I eventually became an LPR after I had turned 18.

Therein lies my predicament, according to the law, I had to be an LPR while I was under 18. My current lawful status at that time was a non-immigrant pending adjustment of status to LPR. I have read the current CCA law and to my understanding "pursuant to a lawful admission for permanent residence" is under processing. In any case, I have read a document from the US Department of State Foreign Affairs Manual Volume 7 Consular Affairs in which it states:

Similarly, a child who adjusts status to an immigrant having been initially admitted as a nonimmigrant, can avail him or herself of the benefits of CCA if residing in the United States in the legal and physical custody of a U.S. citizen parent.

Does this apply to me? The immigration lawyer that my mom used was not sure so he advised me instead to naturalize. I have spoken to a representative over the phone from USCIS and they advised that I should apply the N-600 instead of the N-400. I want to be sure before I proceed. Any advice or insight is greatly appreciated. I will also attach the link to the Manual that I saw online regarding my situation. Thank you in advance.

http://www.state.gov/documents/organization/86759.pdf

[NickD 203]

Can only reply in regards to our own situation. With long delays in our AOS processing, stepdaughter barely turned 18 when my wife was naturalized, No amount of questioning or reasonable logic would change that, 18 is 18, and that is that.

The difference for her if they would let her go through was paying 600 bucks for the N-600, or 680 bucks for the N-400, but the later required her to wait another two years.

Ha, when she turned 18, finally found new freedoms, she could actually apply for her home countries passport and could travel with her green card. Her biological dad refused to sign for her. She had absolutely no disadvantages in going to the college of her choice, her green card was just as good as being a US citizenship. Or applying for any part time job, actually she received better jobs since she was bilingual. And finally she received freedom from me, being married to her mom, was just as legally responsible for her actions as she was. Heck you can stay out late as long as you want to. You are now solely legal for your own actions. We are out of that picture now.

Just saying those two years went by very quickly, only restriction she had, was she could not vote, not that she even cared about that.

So how much time do you have until you meet that 1763 day residency requirement for the five year?

If you want, can even join the military regardless of your sex, may even help you get your US citizenship.

[rocko84 0]

Thank you for responding. I have been eligible to apply for a while now but I was holding back since I was told that I might be a citizen already.

My friend told me to just apply for a passport and bring my mom's naturalization certificate. I'm reluctant to do this since I want to be sure first.

[Darnell 8,478]

you could always go in to a local USCIS office on an infopass appointment and ask directly. Bring all of your papers, and listen to what they tell you.

see http://infopass.uscis.gov for getting an appointment.

[newacct 688]

Good day to everyone. I have a question regarding my situation with regards to the Child Citizenship Act. I was born on 1984 thus the CCA of 2000 applies to my situation. However, I arrived and was admitted in the US to live with my mother when I was 17 with a B1/B2 visa(Tourist, Non-immigrant). Shortly after she had filed a petition on my behalf to adjust my status from non-immigrant to immigrant and eventually as a permanent resident. During that time, my mother naturalized while I was still 17. After her oath taking, we were informed by the INS officer, that any children that my mother has who is currently living with her provided that they were still under 18 are citizens. Unfortunately, due to the processing times of immigrant visa's, I eventually became an LPR after I had turned 18.

Therein lies my predicament, according to the law, I had to be an LPR while I was under 18. My current lawful status at that time was a non-immigrant pending adjustment of status to LPR. I have read the current CCA law and to my understanding "pursuant to a lawful admission for permanent residence" is under processing. In any case, I have read a document from the US Department of State Foreign Affairs Manual Volume 7 Consular Affairs in which it states:

Similarly, a child who adjusts status to an immigrant having been initially admitted as a nonimmigrant, can avail him or herself of the benefits of CCA if residing in the United States in the legal and physical custody of a U.S. citizen parent.

Does this apply to me? The immigration lawyer that my mom used was not sure so he advised me instead to naturalize. I have spoken to a representative over the phone from USCIS and they advised that I should apply the N-600 instead of the N-400. I want to be sure before I proceed. Any advice or insight is greatly appreciated. I will also attach the link to the Manual that I saw online regarding my situation. Thank you in advance.

http://www.state.gov/documents/organization/86759.pdf

No, you did not become a citizen. You need to naturalize yourself.

You did not become a permanent resident before you were 18. That paragraph is saying that people who adjust status in the U.S. are indeed admitted for permanent residence, when they are approved, just like people entering on immigrant visas. They still need to have gotten permanent residence before 18 for CCA to apply.