Derived citizenship question?

[Adujarric 67]

How can someone out find out if they have derived citizenship through a naturalized parent before the age of 18. Before my gf spends the $1170 on the N-600 fee we would like to know for certain if she gained derived citizenship from her mom when she became a citizen in 2007. At the time she was 11 years old but was not in the US. My gf entered the US in 2008 on a visa & then her green card. We are confuse about her status because she has been questioned several times by CBP about using her country’s passport to leave and enter the US. They even went as far as telling her she could get in trouble for using that passport. So besides submitting the N-600 or submitting a passport application what other way there is to find out her status.  

[Mike E 11,723]

Do not submit N-600 until she has her USA passport and passport card.  You get just one chance at N-600.  
 

If CBP thinks she is a USA citizen then it is better than 99.99 certain she is because CBP has her entire record 
 

She derived citizenship if the following were true at the same time::

 

* she was under 18

* she had a green card 

* her mother was a USA citizen 

* she lived with her mother 

* her mother had legal custody of her

 

And no, there are no other ways to prove citizenship except a finding by a federal judge. 

[Adujarric 67]

4 minutes ago, Mike E said:

Do not submit N-600 until she has her USA passport and passport card.  You get just one chance at N-600.  
 

If CBP thinks she is a USA citizen then it is better than 99.99 certain she is because CBP has her entire record 
 

She derived citizenship if the following were true at the same time::

 

* she was under 18

* she had a green card 

* her mother was a USA citizen 

* she lived with her mother 

* her mother had legal custody of her

 

And no, there are no other ways to prove citizenship except a finding by a federal judge. 

Thanks mike for the quick response! We just submitted for her passport today now we will wait and see what happens. All the question you posted were true for her. I just wasnt sure if she qualified for derived citizenship because her mom became naturalized before she came to the US. 

[Family 3,526]

Here is link for US Passport Application and simple checklist of what she needs..but YES she is a USC , just didn’t know it! Congrats 

 

https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html

U.S. Citizenship through Naturalization of a Parent

 

If you were born outside the United States and acquired U.S. citizenship through the naturalization of your parent(s), please submit the following with your passport application:

[Mike E 11,723]

1 minute ago, Adujarric said:

  I just wasnt sure if she qualified for derived citizenship because her mom became naturalized before she came to the US. 

This is a common fallacy but the current policy / law is that order of the events I listed doesn’t matter. 
 

Consequently her immigration process was more complicated (I-864 and green card fee). She should never have been issued a green card.  

[Chancy 6,233]

*** Moved from General Immigration-Related Discussion to US Citizenship General Discussion ***

 

[Adujarric 67]

Quick update my wife’s passport was approved today & it is expected to be receive on or around 9/17. Thanks a million to everyone that took time to answer my question. I am super grateful to have found VJ thanks to VJ i been able to help family and friends.

[nastra30 2,002]

1 hour ago, Adujarric said:

Quick update my wife’s passport was approved today & it is expected to be receive on or around 9/17. Thanks a million to everyone that took time to answer my question. I am super grateful to have found VJ thanks to VJ i been able to help family and friends.

Awesome. After receiving her passport she can also apply for N600 if she wants; not necessary though. But in certain situations, it could come in handy.

Edited September 10, 2022 by nastra30