Under 18 green card holder automatically naturalization?

[turismo568]

I called to get the passport for a child 15 years old and is a resident (green card holder for 5 years), the parent become a US citizen already. To get a passport they told me to have the naturalization certificate for my daughter first and then I can go and get a US passport for my daughter. They don't want to accept my Naturalization certificate, is that true? please let me know what else i can do, thanks

You were misinformed. See my post which shows what I did. I am the child of a parent who became naturalized when I was 17.

I recommend you take this http://www.uscis.gov/sites/default/f...Act_120100.pdf or reference it. Your child is NOT required to have a naturalization certificate to become a citizen you just need to submit proof that she is one.

Here is a document from USCIS stating that the N-600 is optional and that it may actually be better to apply for a US Passport: http://www.uscis.gov/sites/default/f...urces/A4en.pdf

How do I apply to have my citizenship recognized?
You have two options:

• You can apply to the U.S. Department of State for a U.S.
passport. A passport is evidence of citizenship and also serves
as a travel document if you need to travel. For information about
applying for a U.S. passport, see the U.S. Department of State
Web site at www.state.gov.
• If you are already in the United States, you also have the
option of applying to USCIS using Form N-600, Application for
Certificate of Citizenship. However, you may find applying for
a passport to be more convenient because it also serves as a
travel document and could be a faster process.

[cmgranad]

I have a similar case and I hope someone in this thread can help. Right now form n-600 is $600 for filing fee that I can not afford but a passport, I can. Here is my case:

1. Entered country as permanent resident in 1995
2. 10 years old when I entered the country (1995)
2. Father is a US Citizen

Certain circumstances have prevented my parents from seeking my citizenship before I turned 18. Obviously, I'm over 18 now so I'm wondering if I can just get a passport instead of filing form n-600? Or did I miss the timeline here?

Thanks in advance!

You were misinformed. See my post which shows what I did. I am the child of a parent who became naturalized when I was 17.

I recommend you take this http://www.uscis.gov/sites/default/f...Act_120100.pdf or reference it. Your child is NOT required to have a naturalization certificate to become a citizen you just need to submit proof that she is one.

Here is a document from USCIS stating that the N-600 is optional and that it may actually be better to apply for a US Passport: http://www.uscis.gov/sites/default/f...urces/A4en.pdf

How do I apply to have my citizenship recognized?
You have two options:

• You can apply to the U.S. Department of State for a U.S.
passport. A passport is evidence of citizenship and also serves
as a travel document if you need to travel. For information about
applying for a U.S. passport, see the U.S. Department of State
Web site at www.state.gov.
• If you are already in the United States, you also have the
option of applying to USCIS using Form N-600, Application for
Certificate of Citizenship. However, you may find applying for
a passport to be more convenient because it also serves as a
travel document and could be a faster process.

[turismo568]

I have a similar case and I hope someone in this thread can help. Right now form n-600 is $600 for filing fee that I can not afford but a passport, I can. Here is my case:

1. Entered country as permanent resident in 1995
2. 10 years old when I entered the country (1995)
2. Father is a US Citizen

Certain circumstances have prevented my parents from seeking my citizenship before I turned 18. Obviously, I'm over 18 now so I'm wondering if I can just get a passport instead of filing form n-600? Or did I miss the timeline here?

Thanks in advance!

You were 10 years old and a legal permanent resident in 1995 so on 02/27/2001 you were 16 or 17 but still under 18 so...

1) The child has at least one United States citizen parent (by birth or
naturalization);

2) The child is under 18 years of age;

3) The child is currently residing permanently in the United States in the legal
and physical custody of the United States citizen parent;

4) The child is a lawful permanent resident;

5) An adopted child meets the requirements applicable to adopted children under
immigration law

A child who is currently under the age of 18 and has already met
all of the above requirements will acquire citizenship automatically on February 27,
2001

SRC: http://travel.state.gov/content/trip...nship-act.html
You do not need to N600 just follow my steps above to get your passport. Good luck

[Gabriel Panoussi]

just an fyi as i read this searching for n600 You CAN NOT get a passport with just a green card here is the proof http://www.us-immigration.com/us-imm...-a-green-card/

[Allopez]

just an fyi as i read this searching for n600 You CAN NOT get a passport with just a green card here is the proof http://www.us-immigration.com/us-imm...-a-green-card/

Actually i'll have to side with turismo. The point is automatic citizenship because of being a child under 18 in 2001 , and using the PARENT's US citizenship to get the citizentship, as described clearly here in a link that was posted earlier : http://www.uscis.gov/sites/default/f...Act_120100.pdf

in short, you're automatically a citizen since you fit the criteria. Go to your county clerk office and apply for passport - which is both a proof of citizenship and a travel document. no need for expensive USCIS forms.

[narayanak]

do i need to submit greencard

I thought I would add my 2 cents

So I went through the N-400 process and paid all the fees and get as far as the interview and take the test and pass.....Then the official reviews my documentation and realizes that my mother became a US Citizen when I was 17 and since I was a green card holder I automatically became a citizen....that was great news except he said he had to deny my N-400 and they could not refund my money or convert it into a N-600 he said a long time ago they used to have that authority but they changed the laws so there was nothing he could do.....I should have done more research but I was not aware of such laws. What did this mean for me? It meant they could not legally issue me a naturalization certificate through the N-400 since I technically was not naturalized. So there I was....so far yet back at square one without a US document saying I am a US Citizen.

Now for the passport here is what I took:

- 2 passport photos ( They make you take 2 but they only submit 1 and you keep the other so I am not sure why it is a requirement to take 2 but I wont question their ways)

- Form DS 11 all ready filled out. You can fill it out online then print it here: https://pptform.state.gov/

- My mothers original naturalization certificate

- My original foreign birth certificate (In Spanish) If it is not in English it needs to be translated.

- Translated Birth Certificate. NOTE: Places will charge $60 to $100 to do this but you can do it for free all you need is someone who is fluent in both languages to translate and near the bottom they need to sign a statement that says they certify that the document was correctly translated and that they are fluent in both languages.

- Letter from USCIS stating they denied my N-400 on the grounds that I am already a US Citizen from my mother (Of coarse you will not have this so it is not needed)

- I had them attach the following letter: http://www.uscis.gov/sites/default/f...Act_120100.pdf which is a fact sheet for the The Child Citizenship Act of 2000. I am sure they already know about it but I sent it just in case they questioned my application

- Pay your fees

I recommend going to your County Clerks office to submit your passport application. I don't mean to insult postal workers but the ones by me didn't seem to know how to handle my situation. The county clerks office was already aware and it was a quick and painless process also if you need passport photos they are probably the cheapest.

I also recommend you get both the card and book. You don't have to ask for expedited processing which is $60 BUT I would highly recommend expedited return which is just an extra $14.85

And that folks is it.

Thanks.I am in a similar situation with my daughter. Did they ask for your original greencard? also do they return the original naturalization certificate?

[Swanlawyer]

A Passport is not absolute evidence of Citizenship

Although this thread is old --I feel compelled to add this caveat. There is not an automatic conferral of citizenship on a child if a parent is naturalized before the child's 18th birthday.

The Department of State will issue a passport when the child's application is made and proof of the parent's nautralization is provided.

However, depending on the child's country of birth, whether the parents were legally married at the time of the child's birth, or whether they subsequently got married and the child became legitimated and whether there are still Illigitimacy laws in place.....that citizenship can be incorrectly conferred with the passport depending on the child's date of birth and the INA laws in effect at that time.

That is why it is important to note that owning a US passport is not absolute evidence of citizenship which could be challenged by the EOIR in a deporatation hearing.

Best bet -- make a N600 application -- or a N400 to be safest, and DO NOT rely on a US passport as evidence of citizenship.

[newacct]

Although this thread is old --I feel compelled to add this caveat. There is not an automatic conferral of citizenship on a child if a parent is naturalized before the child's 18th birthday.

The Department of State will issue a passport when the child's application is made and proof of the parent's nautralization is provided.

However, depending on the child's country of birth, whether the parents were legally married at the time of the child's birth, or whether they subsequently got married and the child became legitimated and whether there are still Illigitimacy laws in place.....that citizenship can be incorrectly conferred with the passport depending on the child's date of birth and the INA laws in effect at that time.

That is why it is important to note that owning a US passport is not absolute evidence of citizenship which could be challenged by the EOIR in a deporatation hearing.

Best bet -- make a N600 application -- or a N400 to be safest, and DO NOT rely on a US passport as evidence of citizenship.

The conferral of citizenship on a child by INA 320 is automatic and involuntary if the conditions in the law are met. It does not matter if you take any action like apply for a passport or a certificate or not -- the citizenship is there, and cannot be lost afterwards involuntarily. If what you are trying to say is that just because a parent naturalized before the child's 18th birthday doesn't necessarily mean the conditions in the law are met, that is true; there are other conditions that must be met like the child must be in the US as an LPR and must be in the "legal and physical custody" of the parents.

[daftsynth]

The conferral of citizenship on a child by INA 320 is automatic and involuntary if the conditions in the law are met. It does not matter if you take any action like apply for a passport or a certificate or not -- the citizenship is there, and cannot be lost afterwards involuntarily. If what you are trying to say is that just because a parent naturalized before the child's 18th birthday doesn't necessarily mean the conditions in the law are met, that is true; there are other conditions that must be met like the child must be in the US as an LPR and must be in the "legal and physical custody" of the parents.

I have a similar question. A friend was born outside of the country and has been a LPR since 1995. Her mom (separated at the time) brought her here and naturalized in 1996. She wasn't 18 at the time when her mom naturalized. She turned 18 before the 2000 Child Citizenship Act. Would she automatically naturalize through her mother?

Would she be able to apply for a passport directly? The passport application states "evidence that you were in the legal and physical custody of your U.S. citizen parent". What would be appropriate evidence for this?

[newacct]

I have a similar question. A friend was born outside of the country and has been a LPR since 1995. Her mom (separated at the time) brought her here and naturalized in 1996. She wasn't 18 at the time when her mom naturalized. She turned 18 before the 2000 Child Citizenship Act. Would she automatically naturalize through her mother?

Would she be able to apply for a passport directly? The passport application states "evidence that you were in the legal and physical custody of your U.S. citizen parent". What would be appropriate evidence for this?

If she turned 18 before February 27, 2001, then only the previous law could be applicable. The previous law required that both parents be naturalized, or the parents are divorced and the parent having sole custody naturalized.

[daftsynth]

If she turned 18 before February 27, 2001, then only the previous law could be applicable. The previous law required that both parents be naturalized, or the parents are divorced and the parent having sole custody naturalized.

The parents were divorced in Vietnam. Her mom (in the USA) had custody of her. The father still resided in Vietnam. What documentations would be needed?

[newacct]

The parents were divorced in Vietnam. Her mom (in the USA) had custody of her. The father still resided in Vietnam. What documentations would be needed?

I guess evidence of divorce and her mom having custody, plus her green card and her mom's certificate of naturalization.

[daftsynth]

I guess evidence of divorce and her mom having custody, plus her green card and her mom's certificate of naturalization.

when her mother petitioned for her to come to the United States, wouldn't that imply she had legal custody of her?

[newacct]

when her mother petitioned for her to come to the United States, wouldn't that imply she had legal custody of her?

I'm not sure. You would have to dig out such documentation to see what it said. Maybe it could have been permission from the other parent to immigrate, but not necessarily sole custody? It's somewhat unclear whether sole custody is needed, or joint custody is enough. According to this chart, footnote 9, some appeals courts have ruled that sole custody is necessary, but that doesn't apply in other appeals court jurisdictions.