Child Citizen Act of 2000

[ikyang 1]

Hello everyone,

 

need your help. My husband came here in the US at age 15, petitioned by his US citizen father. His mother died when he was only two. His bday is Feb 1977. Can he apply for US passport? Never has a US passport, he has phil passport and green card. Is he already a US citizen thru his father? How would we know if he is? Thank you all

[OldUser 6,890]

Was his mother a US citizen?

Was father a naturalized citizen? When did he naturalize? Was your husband living with father when the father naturalized?

[ikyang 1]

Just now, OldUser said:

Was his mother a US citizen?

Was father a naturalized citizen? When did he naturalize? Was your husband living with father when the father naturalized?

Hello. His mother was not a US citizen. My husband was born in the phils, his mom died when he was only two years old. Yes his father a naturalized citizen in 1987. My husband came to the US in 1995 at age 15

[OldUser 6,890]

1 minute ago, ikyang said:

Hello. His mother was not a US citizen. My husband was born in the phils, his mom died when he was only two years old. Yes his father a naturalized citizen in 1987. My husband came to the US in 1995 at age 15

Based on what you described, your husband is likely NOT a US citizen. He needs to file N-400 and get his citizenship.

 

If he lived with his father as a minor in the US at the time father became a citizen, he would become a citizen automatically. But what you're saying your husband only came to the US in 1995, whereas his father naturalized in 1987.

[ikyang 1]

25 minutes ago, ikyang said:

Hello everyone,

 

need your help. My husband came here in the US at age 15, petitioned by his US citizen father. His mother died when he was only two. His bday is Feb 1977. Can he apply for US passport? Never has a US passport, he has phil passport and green card. Is he already a US citizen thru his father? How would we know if he is? Thank you all

Thanks for your response. How would we know if he already is a US citizen or not? Any site we can visit? Or number to call?

[Mike E 11,740]

2 minutes ago, ikyang said:

Thanks for your response. How would we know if he already is a US citizen or not? Any site we can visit? Or number to call?

He was born before 1983, so he is too old for the child citizenship act of 2000.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

“

In general, former INA 321 applies to children who were already 18 years of age on February 27, 2001, but who were under 18 years of age in 1952, when the current Immigration and Nationality Act became effective.

In general, a child born outside of the United States to two noncitizen parents, or one noncitizen parent and one U.S. citizen parent who subsequently lost U.S. citizenship, acquires citizenship under former INA 321 if:

• The child’s parent(s) meet one of the following conditions:

  • Both parents naturalize;

  • One surviving parent naturalizes if the other parent is deceased;

  • One parent naturalizes who has legal custody of the child if there is a legal separation of the parents; or

  • The child’s mother naturalizes if the child was born out of wedlock and paternity has not been established by legitimation.

• The child is under 18 years of age when his or her parent(s) naturalize; and

• The child is residing in the United States pursuant to a lawful admission for permanent residence at the time the parent(s) naturalized or thereafter begins to reside permanently in the United States.”

Had his father naturalized after his son became an LPR, the son would be a citizen. But that his father naturalized before his son became an LPR. So yes, N-400

[Adujarric 67]

16 hours ago, Mike E said:

He was born before 1983, so he is too old for the child citizenship act of 2000.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

“

In general, former INA 321 applies to children who were already 18 years of age on February 27, 2001, but who were under 18 years of age in 1952, when the current Immigration and Nationality Act became effective.

In general, a child born outside of the United States to two noncitizen parents, or one noncitizen parent and one U.S. citizen parent who subsequently lost U.S. citizenship, acquires citizenship under former INA 321 if:

• The child’s parent(s) meet one of the following conditions:

  • Both parents naturalize;

  • One surviving parent naturalizes if the other parent is deceased;

  • One parent naturalizes who has legal custody of the child if there is a legal separation of the parents; or

  • The child’s mother naturalizes if the child was born out of wedlock and paternity has not been established by legitimation.

• The child is under 18 years of age when his or her parent(s) naturalize; and

• The child is residing in the United States pursuant to a lawful admission for permanent residence at the time the parent(s) naturalized or thereafter begins to reside permanently in the United States.”

Had his father naturalized after his son became an LPR, the son would be a citizen. But that his father naturalized before his son became an LPR. So yes, N-400

Hey mike the weird thing about how that work is that my wife’s mom became a citizen then she petition for my wife who came in to the us as an LRP and she was derived citizenship through her mom. My wife was born in 1993. 

[ikyang 1]

16 hours ago, OldUser said:

Based on what you described, your husband is likely NOT a US citizen. He needs to file N-400 and get his citizenship.

 

If he lived with his father as a minor in the US at the time father became a citizen, he would become a citizen automatically. But what you're saying your husband only came to the US in 1995, whereas his father naturalized in 1987.

I just saw his dad's Naturalization Certficate. He was naturalized in 1990 and my husband came to the US in 1992 actually.

 

So N400 then? My husband's sister filed N400 before and it bounced back saying that she is already a US Citizen. My husband and his sis came together in the US in 1992 , both minors at the time. DOB of my husband is year 1977  and his sis 1975. What I am confused of is why is his sister's N400 did not work? 

thank you 

[OldUser 6,890]

Did husband's sister apply for US passport? How did it go?

I explained why your husband is likely not a US citizen. If your husband had a green card and lived with his father in 1990 - he is a citizen, otherwise unlikely.

Edited March 10, 2023 by OldUser

[ikyang 1]

14 minutes ago, OldUser said:

Did husband's sister apply for US passport? How did it go?

I explained why your husband is likely not a US citizen. If your husband had a green card and lived with his father in 1990 - he is a citizen, otherwise unlikely.

Husband's sister did not get a US passport. She sent N-400, and USCIS asked for sooooo many other documents. like their mom's death certificate, people verify that their mom and dad live together etc....and She did not able to comply those. Now, she has a Phil passport and green card , same goes with my husband just a green card and phil passport. But we would like to apply for US passport for my huband.

 

thank you. 

[OldUser 6,890]

55 minutes ago, Adujarric said:

Hey mike the weird thing about how that work is that my wife’s mom became a citizen then she petition for my wife who came in to the us as an LRP and she was derived citizenship through her mom. My wife was born in 1993. 

You're saying your wife's mom didn't go through N-400?

[ikyang 1]

To give more details....

 

 

My husband's dad was petitioned by his sister. 

Husband's dad came to the US alone, leaving two very young kids in the Phils. 

Husband's dad become US Citizen in 1990 and husband and his sis joined him here in the US in 1992.

 

 

[Family 4,025]

5 minutes ago, ikyang said:

23 minutes ago, OldUser said:

Did husband's sister apply for US passport? How did it go?

I explained why your husband is likely not a US citizen. If your husband had a green card and lived with his father in 1990 - he is a citizen, otherwise unlikely.

Husband's sister did not get a US passport. She sent N-400, and USCIS asked for sooooo many other documents. like their mom's death certificate, people verify that their mom and dad live together etc....and She did not able to comply those. Now, she has a Phil passport and green card , same goes with my husband just a green card and phil passport. But we would like to apply for US passport for my huband.

 

thank you. 

Your husband and his sister should both apply for a US passport, as they are indeed both citizens. Just gather dad’s Naturalization Certificate, mom’s death certificate, is possible copies of dad’s tax returns from 1992 to 1995 ( they will show your husband and his sister listed as dependents), school records for your husband for same period that show parent/ legal guardian and anything else like family leases, medical bills and photos that show same address. 
 

You can FOIA for the USCS/ DOS file from when father filed I-130 and will have a great deal of evidence there as well
 

The reason the sister’s N-400 was denied is because she and your husband are already US citizens. After their passports are approved, use the same evidence to file N-600

[OldUser 6,890]

23 minutes ago, ikyang said:

Husband's sister did not get a US passport. She sent N-400...

Ok, so your husband's sister applied to N-400 and was denied?

 

How does it relate to this message you sent before?

1 hour ago, ikyang said:

My husband's sister filed N400 before and it bounced back saying that she is already a US Citizen.

I am confused. And if she is somehow a US citizen already, did she apply for US passport? Note, US passport, not naturalization.

 

Edited March 11, 2023 by OldUser

[Family 4,025]

32 minutes ago, OldUser said:

I explained why your husband is likely not a US citizen. If your husband had a green card and lived with his father in 1990 - he is a citizen, otherwise unlikely

It does not matter where the child lived before entering as an IR in 1992, only that he lived with ( legal and physical custody) with the sole USC parent after entering as LPR.  
OPs husband is a USC