Law in effect N-600 in 1987

[VonDutch 0]

Am I eligible to apply for derived citizenship using laws that were in place in 1987 when I turned 18?

My main concern is whether i meet the condition of legal custody while my naturalized father had joint and legal custody of me before I turned 18.

1) I had my green card more than 5 years before I turned 18

2) I was unmarried

3) My father naturalized before I was 18

4) My father had JOINT and legal custody of me before I turned 18

5) I physically resided with my father up to age 18

I am concerned with the laws in affect during that time period. Would I have to quote laws in place at that time with my application?

[Jawaree 719]

If he legally adopted you then there may be statues that benefit you

why not just apply for your own Nat.. a crime ?

Speak to an atty if there are issues preventing you from naturalizing

[newacct 688]

Did your mother naturalize before you turned 18? Were your parents legally separated?

[NikLR 13,234]

~~removed duplicate thread in unrelated forum. Removed duplicate thread in this forum. Also reported a thread hijack, in unrelated forum on unrelated topic. Please post only once per topic and do not hijack other people's threads. Thank you.~~

Edited March 19, 2016 by NLR

[VonDutch 0]

If he legally adopted you then there may be statues that benefit you

why not just apply for your own Nat.. a crime ?

Speak to an atty if there are issues preventing you from naturalizing

why would my biological father have to adopt me after a divorce???

~~removed duplicate thread in unrelated forum. Removed duplicate thread in this forum. Also reported a thread hijack, in unrelated forum on unrelated topic. Please post only once per topic and do not hijack other people's threads. Thank you.~~

Sorry, but I'm trying to start my own topic in a forum but do not know how.

Can you explain how, or are you reporting first time offenses and throwing the book at posters?

[VonDutch 0]

Did your mother naturalize before you turned 18? Were your parents legally separated?

Yes they were divorced, why would my father otherwise have joint and legal custody???

[NikLR 13,234]

Sorry, but I'm trying to start my own topic in a forum but do not know how.

Can you explain how, or are you reporting first time offenses and throwing the book at posters?

You seemed to have managed to post 3 times on your own topic so I think you've gotten it down. I report the thread hijack so it can be removed from the thread. If you hadn't already started a thread for yourself, the mod would have started one for you with the thread hijack post. No book is going to be thrown at you. LOL

However, you may want to read the TOS for this website. You agreed to it when you signed up. Posting multiple times on a subject is considered spamming and goes against the TOS. I gave you a friendly reminder that you need only post once. I also wrote down in this thread what I'd done so that other organizers and the mods would know, and also to let you know where your threads had gone.

[Cathi 5,849]

why would my biological father have to adopt me after a divorce???

Sorry, but I'm trying to start my own topic in a forum but do not know how.

Can you explain how, or are you reporting first time offenses and throwing the book at posters?

NLR is a moderator, no need to be rude.

If you want to start a topic go to the forum you want to post in and click on start new topic

[VonDutch 0]

NLR is a moderator, no need to be rude.

If you want to start a topic go to the forum you want to post in and click on start new topic

Thank you!!

[newacct 688]

So your mother did not naturalize before you were 18, right?

[VonDutch 0]

So your mother did not naturalize before you were 18, right?

That is correct..... HOWEVER my father did naturalize..... Where are you going with this...? My parents divorced and one parent naturalized, all i need is just one naturalized parent.

My concern is if joint custody meets the condition according to the law in effect when i turned 18... in 1987

Edited March 19, 2016 by VonDutch

[newacct 688]

That is correct..... HOWEVER my father did naturalize..... Where are you going with this...? My parents divorced and one parent naturalized, all i need is just one naturalized parent.

My concern is if joint custody meets the condition..

Yes, and that's my concern too. See footnote 7 here.

Until recently, the general rule was that if the parents have a joint custody decree (legal document), then both parents have legal custody for purposes of derivative citizenship. See Passport Bulletin 96-18 (Nov. 6, 1996). Yet, in the 9th and 5th Circuits, the courts of appeals ruled that the naturalizing parent must have sole legal custody for the child to derive citizenship and thus, at least in the 9th and 5th Circuits, a joint legal custody decree will not be sufficient to allow a child to derive citizenship. See U.S. v. Casasola, 670 F.3d 1023 (9th Cir. 2012) and Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. 2006) (requiring naturalized citizen parent to have sole legal custody of the child for derivative citizenship). See also Rodrigues v. Attorney General of U.S., 321 Fed. App’x 166 (3d Cir. 2009).

[VonDutch 0]

Yes, and that's my concern too. See footnote 7 here.

I have seen that footnote, but that law was not in effect when I turned 18 in 1987.... so I can assume that joint custody DID meet the condition... assuming the law in effect in 1987 is what they will use

[newacct 688]

I have seen that footnote, but that law was not in effect when I turned 18 in 1987.... so I can assume that joint custody DID meet the condition... assuming the law in effect in 1987 is what they will use

The footnote is on that law too.

[VonDutch 0]

The footnote is on that law too.

look at ina 320 (b) or ©