Can I request US Citizenship? Particular case

[blekm 0]

Hi guys,

I've been reading all the info through different US websites regarding naturalisation.. but I still haven't found details for my specific case.

Long story short.

I was born in Europe in 1983 (parents NOT US citizen).

Parents divorces in 1989.

Dad moved to New York in 1990.

Dad acquired US citizenship years ago.

Dad still living in the States.

At the moment I'm living in Australia (Permanent Resident) and I have Italian passport.

I'm founding a lot of different cases

- born abroad from one US parent

- lived in the states

- apply for Passport (but I need CITIZENSHIP FIRST!)

- bla bla bla

but nothing related to something similar to my case.

Any suggestions? Will I be able to apply for US Citizenship and then passport?

Thanks

Edited July 21, 2014 by blekm

[Harpa Timsah 13,260]

No, your father can petition for permanent residence for you and after years of living in the US you can apply for citizenship. It will take a few years for the application to be processed, and you will have to wait for an available visa number, and your dad has to live in the US.

Edited July 21, 2014 by Harpa Timsah

[blekm 0]

No, your father can petition for permanent residence for you and after years of living in the US you can apply for citizenship. It will take a few years for the application to be processed, and you will have to wait for an available visa number, and your dad has to live in the US.

so the only was is that I have to live in the US to be able to apply for Citizenship, right? If my permanent residency will be granted.

can you give me any official references to documents that explain this, please?

[belinda63 3,053]

Your father can't pass on citizenship to you at birth because he was not a citizen then. He could not pass on citizenship to you when he became a citizen because you were not in the US as an LPR. Since you are over 18 you cannot gain citizenship from him anymore.

[JimmyHou 614]

so the only was is that I have to live in the US to be able to apply for Citizenship, right? If my permanent residency will be granted.

can you give me any official references to documents that explain this, please?

As Harpa said, your father will need to file a petition to sponsor you for permanent residency. Once this is approved, you must wait until an immigrant visa becomes available in your category, which can take several years. Once that's done, you need to move to the US and live here for 5 years.

Here's information on the first step.

http://www.uscis.gov/sites/default/files/USCIS/Resources/B1en.pdf

Your father can't pass on citizenship to you at birth because he was not a citizen then. He could not pass on citizenship to you when he became a citizen because you were not in the US as an LPR. Since you are over 18 you cannot gain citizenship from him anymore.

You mean he can't directly derive citizenship from his father, right? Because he can still be sponsored by his father for a green card.

[blekm 0]

ok, so from what I understand so far is:

- father files paperwork to sponsor me for permanent residency

- gets approved (it can take years)

- then I have to live in the states for 5 years

- then I can ask for Citizenship.

all correct?

[JohnR! 5,495]

ok, so from what I understand so far is:

- father files paperwork to sponsor me for permanent residency

- gets approved (it can take years)

- then I have to live in the states for 5 years

- then I can ask for Citizenship.

all correct?

That pretty much covers it.

[belinda63 3,053]

Correct Jimmy. He has to gain citizenship on his own as you outlined. No passing on of the citizenship by virtue of being his child.

[JimmyHou 614]

ok, so from what I understand so far is:

- father files paperwork to sponsor me for permanent residency

- gets approved (it can take years)

- then I have to live in the states for 5 years

- then I can ask for Citizenship.

all correct?

As far as I understand, that is correct.

There are other, faster, ways to immigrate including marriage to a US citizen, applying through the diversity lottery, and employment-based immigration, but all those are unrelated to your original question.

[blekm 0]

ok thanks guys, now it's all clear.