citizenship for daughter

[mpierre]

my husband at the time got his citizenship in july 1993 our daughter was 8yr old at that time she is now 25 can she still be a citizen under her fathers citizenship or dose she have to apply for her own we got divorce that same year i am now a citizen as of this year.

thanks

[BigJoe5]

CCA 2000 current section 320 INA vs former section 321 INA

The Child Citizenship Act of 2000 (CCA) became effective on February 27, 2001. Any LPR child who was under 18 on that date MIGHT have automatically acquired citizenship if they met the other requirements.

Title 8 U.S. Code Sec. 1431 (Sec 320 INA) as of 2/27/2001:

SEC. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).

Title 8 U.S. Code Sec. 1432 (Section 321 of the Act) repealed as of 2/27/2001 BUT still has effect if conditions met before it was repealed:

SEC 321. Children Born Outside United States of Alien Parents; Conditions for Automatic Citizenship .

(a) A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions:

(1) The naturalization of both parents; or

(2) The naturalization of the surviving parent if one of the parents is deceased; or

(3) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation; and if

(4) Such naturalization takes place while such child is unmarried and under the age of eighteen years; and

(5) Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clause (1) of this subsection, or the parent naturalized under clause (2) or (3) of this subsection, or thereafter begins to reside permanently in the United States while under the age of eighteen years.

(b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent or parents, in the custody of his adoptive parent or parents, pursuant to a lawful admission for permanent residence.

It depends on a couple of things:

Did you divorce before or after he naturalized?

If divorced before he naturalized, did he get full custody and did she go live with him? Probably not, but if that is the case, she would be a USC based on him under former INA section 321 as of the day he naturalized.

If divorced after he naturalized and was still living with you and her when he naturalized then she did not get USC becuase that situation required both parents to naturalize.

If divorced before naturalization, did he get joint custody with you but you got primary custody and she was living with you while her father merely had visitation rights (weekend visits, holidays, birthdays)? That is a common scenario. If this is the case then, she became a USC when the law changed on 2/27/2001, because she was still under 18 (and presumably unmarried) because of her father already being naturalized and he had joint custody.

If divorced before but he naturalized AND got NO legal custody at all, even if he was a good dad and saw her, then she did not get USC from him under old sec. 321. She was over 18 when you naturalized so did not benefit from the newer law. In this case she must file an N-400, if eligible and qualified.

If divorced after naturalization, had he already stopped living with you and her before he naturalized? If yes, did he at least get joint custody? If yes, then it's the same as above. USC on 2/27/2001.

If divorced after naturalization, had he already stopped living with you and her before he naturalized? If yes, did he at least get full custody at any point and she went to live with him? If yes, then she became a USC on the date of divorce with him getting custody or any subsequent legal change to the custody order where she went from living with you to living with him.

Please print this out and read it care fully to consider the facts then decide how to proceed.

She could talk it over with a lawyer or she can let USCIS decide by filing an N-600.

Please let us bloggers know how it turns out.

Good Luck,

[mpierre]

Thanks very much bigjoe5 this is the answer i have being looking for