Came as a minor with US Citizen parents (merged)

[Derjave 0]

Hello everyone,

 

My husband, a filipino, came to the US when  he was  only 14 years old and now he is already 47.  His dad became a US citizen when he was still a minor . Unforunately, his dad already passed away.  Based on what i read, he was a US Citizen also at that time. However, his dad did not submit the proper documents. So now, he is a green card holder. We would like to apply for his US Citizenship formally and get a US passport? My questions are:

 

1. What are the requirements needed for his case?

2. Can we use N-400? and check option 1? Since my husband been here for more than 30 years ?

3. I am a US Citizen, can we apply for citizenship based on marriage? We are married for 6 years now.

 

thank you everyone for the response.

 

 

[Derjave 0]

Hello everyone,

 

My husband, a filipino, came to the US when  he was  only 14 years old and now he is already 47.  His dad became a US citizen when he was still a minor . Unforunately, his dad already passed away.  Based on what i read, he was a US Citizen also at that time. However, his dad did not submit the proper documents. So now, he is a green card holder. We would like to apply for his US Citizenship formally and get a US passport? My questions are:

 

1. What are the requirements needed for his case?

2. Can we use N-400? and check option 1? Since my husband been here for more than 30 years ?

3. I am a US Citizen, can we apply for citizenship based on marriage? We are married for 6 years now.

 

thank you everyone for the response

[Timona 4,207]

Take easy way out. Apply for his citizenship based on marriage when his eligibility window opens. 

You can apply online. 

 

There's no requirement. Just Google "N400 USCIS" and choose the option to file online. Really easy and straightforward as opposed to paper filing. 

Edited December 30, 2022 by Timona

[OldUser 6,859]

Your husband needs to first determine whether he's a US citizen already based on his father naturalization.

He may need to hire a lawyer to determine that fact. In a nutshell, it will require filing FOIA request to get his father's immigration file. Also, may require going through any documents that exist related to his father's immigration. If your husband is a citizen, he will need to get a certificate of naturalization (N-600) and then apply for passport.

 

Reply to Q2: only if he knows for sure he's not a citizen, otherwise his N-400 will be rejected and fees lost.

 

Reply to Q3: No, he is already LPR (if not a citizen). You as a wife don't need to do anything to get him naturalized.

 

 

[Ontarkie 14,275]

~~Duplicate threads merged.~~

Edited December 30, 2022 by Ontarkie

[Mike E 11,740]

48 minutes ago, Derjave said:

My husband, a filipino, came to the US when  he was  only 14 years old and now he is already 47.  His dad became a US citizen when he was still a minor

2022 - 47 = 1975. 
 

He was born before 1983 so he does not benefit from the child citizenship act of 2000. This makes it more complicated.  
 

Tell us more about his mother.  

 

1. Did she become a U.S. citizen?

 

2. Was she alive when your husband reached age 18?

 

3. Was she married to his father?

Edited December 30, 2022 by Mike E

[Derjave 0]

Hello Mike E,

 

My husband's mother died when he was only 2 years old.

 

We are really confused on how he will get his US passport. 

[Derjave 0]

46 minutes ago, OldUser said:

Your husband needs to first determine whether he's a US citizen already based on his father naturalization.

He may need to hire a lawyer to determine that fact. In a nutshell, it will require filing FOIA request to get his father's immigration file. Also, may require going through any documents that exist related to his father's immigration. If your husband is a citizen, he will need to get a certificate of naturalization (N-600) and then apply for passport.

 

Reply to Q2: only if he knows for sure he's not a citizen, otherwise his N-400 will be rejected and fees lost.

 

Reply to Q3: No, he is already LPR (if not a citizen). You as a wife don't need to do anything to get him naturalized.

 

 

Can we file the FOIA request without hiring a lawyer? Can we do this ourselves? 

[Derjave 0]

17 minutes ago, Mike E said:

2022 - 47 = 1975. 
 

He was born before 1983 so he does not benefit from the child citizenship act of 2000. This makes it more complicated.  
 

Tell us more about his mother.  

 

1. Did she become a U.S. citizen?

 

2. Was she alive when your husband reached age 18?

 

3. Was she married to his father?

His  mom died when my husband was only 2 years old.

 

child citizenship act of 2000? - does this automatically mean he is not a US citizen yet? 

[Mike E 11,740]

18 minutes ago, Derjave said:

 

 

My husband's mother died when he was only 2 years old.

 

Sadly that just made it clear cut.  
 

He is a U.S. citizen. N-400 will be denied. 
 

He should apply for a U.S. passport and passport card at a post office.  He needs:

 

* green card (make copies front and back cuz he might not get it back) 

* birth certificate

* death certificate of mother 

* marriage certificate of parents (if they were married)

* naturalization certificate of father 

* proof he lived with his father on or after the day his father naturalized and before he reached age 18. 30 years after the fact this can be hard to prove. But it won’t be hard for a private investigator.  

 

Make 2 copies of all of the above.  Keep one copy for himself and one to give to passport office with originals. The originals should be returned.  

 

Once gets his passport, he should then should apply online to file N-600 to get a certificate of citizenship.  He should include a scan of his U.S. passport and passport card in his N-600 application along with all the other evidence he provided to get his U.S. passport n

 

That’s it.  

 

 

Edited December 30, 2022 by Mike E

[Mike E 11,740]

7 minutes ago, Derjave said:

 .

 

child citizenship act of 2000? - does this automatically mean he is not a US citizen yet? 

Before that act, both parents had to  be or become citizens before the child reached age 18 in order for the child to become a citizen.  So had his mother still been alive when he was 18, he likely would not be a citizen now.  
 

But sadly she passed away before he reached age 18.  So that produces the  outcome that he is a citizen.  I’m sure he would rather still have his mother  than be a citizen, but such is life. 

[Timona 4,207]

Yes, yes..I knew that my advise today would be controversial. But this same situation was reported here not so long ago. 

 

The guy already has a GC. I'm not sure if it's worth digging all the papers, which may not be found at this time. It would just be easier to file N400. That was my opinion. 

[Mike E 11,740]

N-400 is going to be denied.

 

https://www.visajourney.com/forums/topic/767003-n-400-passed-citizenship-test-but-told-already-was-a-citizen/

Choices are file  for a passport or keep renewing gc.  
 

I mean one  can’t always assume one’s case will be adjudicated by an incompetent 

 

Edited December 31, 2022 by Mike E

[OldUser 6,859]

55 minutes ago, Timona said:

The guy already has a GC. I'm not sure if it's worth digging all the papers, which may not be found at this time. It would just be easier to file N400. That was my opinion. 

The thing is, N-400 has questions about parents and whether they're US citizens. This is when Pandora's box is going to open anyways.

[Derjave 0]

7 hours ago, Mike E said:

Sadly that just made it clear cut.  
 

He is a U.S. citizen. N-400 will be denied. 
 

He should apply for a U.S. passport and passport card at a post office.  He needs:

 

* green card (make copies front and back cuz he might not get it back) 

* birth certificate

* death certificate of mother 

* marriage certificate of parents (if they were married)

* naturalization certificate of father 

* proof he lived with his father on or after the day his father naturalized and before he reached age 18. 30 years after the fact this can be hard to prove. But it won’t be hard for a private investigator.  

 

Make 2 copies of all of the above.  Keep one copy for himself and one to give to passport office with originals. The originals should be returned.  

 

Once gets his passport, he should then should apply online to file N-600 to get a certificate of citizenship.  He should include a scan of his U.S. passport and passport card in his N-600 application along with all the other evidence he provided to get his U.S. passport n

 

That’s it.  

 

 

Thank you for your response guys. This is what i gather based on the answers:

 

1. My husband, is a US Citizen already, came here below 18 years old with a US Citizen father.

2. He can apply for a US Passport WITHOUT N-600?

3. When we gets his US Passport, he then required to apply for N-600?

4. His parents were never married. would this be an issue?

5. His mom died when my husband was only 2 years old

 

Thank you,

Derjave