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
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.
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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
ikyang got a reaction from Family in Child Citizen Act of 2000
ikyang got a reaction from Mike E in Child Citizen Act of 2000