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Posted

Hi, I'm CK, when my American dad was stationed in south Korea back in the 80s, he met my mother and they got married. Few years later he adopted me, I have a American last name. when we came to America in 89' I was given a green card and a ss card, I was 9 years old, I didn't know what it was or meant. I was told they couldn't get me the citizenship because of 5 year rule or something. my question is, do I fill out the n400? or is there a different form I don't know about? I lost my green card years ago, this wasn't really a priority but now I wont be able to fly. my family lives half way across country and  I would like to get there if there was an emergency, and also its waaay pass due. 

 

thank you.

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)

By 5 year rule I an  guessing your father lacked sufficient physical presence in the USA before your born for you to have been automatically a citizen when you arrived. But automatic citizenship through your father would not have been available to you because you were both adopted and born before 1983 which is the cut off for the child citizenship act of 2000 
 

So no automatic citizenship through your father.  
 

Is your mother a US citizen? If so, how old were you when she naturalized as a US citizen?

 

As for flying within the USA, a state drivers license or state ID is all you need until October 1, 2021. After October 1, to fly you need REAL ID, and to get that you (for your case) need proof of being a lawful permanent resident or proof of being a US citizen.  

 

Edited by Mike E
Posted (edited)

Are you saying you lost your green card (how many years ago exactly?) and you have not applied for citizenship? So you have no proof of any sort of status? If I were you I would address these issues regardless of wanting to fly or not. not sure if you would have automatically acquired citizenship, as above suggest looking into that or apply for n400. At the very least apply for a replacement green card.

 

Edited by SusieQQQ
Filed: Country: Vietnam (no flag)
Timeline
Posted

Because you turned 18 years old before the Child Citizenship Act of 2001 became effective, you would need to have two US citizen parents before age 18 to automatically derive US citizenship.  Did you mom naturalize before your 18th birthday?

 

You will need to file Form I-90 to replace/renew your green card.  You will need to send in a copy of your old card.  If you don't have a copy or don't know your A number, then you might need professional help to get your green card.

 

The N-400 is to file for naturalization (get your US citizenship).  You would need a copy of your current unexpired green card.  Therefore, the first step is getting your replacement/renewal green card with the I-90.  

 

You need to take your immigration status seriously.  Make it a priority.  The worst case scenario is being locked up by US immigration until you can prove you're here legally.  

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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