Q: Am I a U.S. citizen? My mom naturalized when I was 12. My biological father passed away when I was just a young child. I’m now 33. I filed U.S. Citizenship and Immigration Services form N-600, Application for Certificate of Citizenship. My papers went back and forth with USCIS but, in the end, the agency denied my application, saying that both my parents must be U.S. citizens. I am about to graduate with a Criminal Justice degree, but all the jobs I qualify for require U.S. citizenship. – Ingrid, North Bergen, N.J.
A: If you became a permanent resident before you turned 18, you are a U.S. citizen. Because your father died before you turned 18, you derived citizenship from your mother. That’s true no matter if she was married to your father or if she remarried. The law for deciding what is a “derivative citizenship” changed in 2001, but you derived citizenship under even the older, less generous, law.
If you are a U.S. citizen, I suggest you get a U.S. passport. That’s the fastest and easiest way to get proof that you are a citizen. You don’t need a Certificate of Citizenship. It’s expensive, and sometimes USCIS has a more strict reading of the law than the State Department, the agency that issues passports. To find a Passport Acceptance Facility near you, go to iafdb.travel.state.gov/ or call 877-487-2778. As a first-time applicant, you must apply in person.
Here is a summary of the derivative citizenship rules:
Children who turned 18 prior to Feb. 27, 2001, automatically became U.S. citizens only if the following conditions are met:
(1) a parent naturalized before the child turned 18;
(2) the child became a permanent resident before turning 18, and
(3) the child was unmarried, and either:
•The other parent was or became a U.S. citizen before the child turned 18.
•The child was born illegitimate and the parent naturalized was the mother.
•The child’s other parent was deceased.
•The parents were divorced or separated and the parent being naturalized had legal custody of the child following the divorce or separation.
Children who turned 18 on or after Feb. 27, 2001, get citizenship automatically when all of the following conditions have been met:
• At least one parent is a U.S. citizen whether by birth or naturalization.
• The child is unmarried and under the age of 18.
• The child is residing in the United States in the legal and physical custody of the citizen parent.
•The child is a permanent resident.
Under either set of rules, the order of events makes no difference. If a child is a permanent resident and under 18, and the parent or parents then naturalize, the child gets automatic citizenship. If the parent or parents naturalize and the child then gets permanent residence, the child becomes a U.S. citizen the moment he or she becomes a permanent resident, if that happens before the child is 18.
In countries that still consider some children born out of wedlock to be illegitimate and the child is not legitimated before reaching the age of 18, the naturalization of the father will not result in the child gaining derivative citizenship. Also, a stepchild does not derive citizenship from a U.S. citizen stepparent.
Helping file financial support proof
Q: My sister is a U.S. citizen and wants to file for her husband. He came here as a visitor but overstayed. I want to help her complete and file the forms. I am helping also with proof of financial support. What forms are needed? – Fanso, Brooklyn
A: Your sister can file all necessary forms for her husband to get permanent residence in the same envelope. She files forms I-130, Petition for Alien Relative and I-864, Affidavit of Support, and forms G-325A, Biographic Information. In the same envelope, her husband files USCIS form I-485, Application to Register Permanent Residence /Adjust Status, G-325A, Biographic Information and I-693, Medical Examination of Aliens Seeking Adjustment of Status (you’ll need this completed by a USCIS-designated doctor). Since you will be the financial sponsor, the husband needs a form I-864 completed by you, as well.
If the husband wants to work, he can file USCIS form I-765, Application for Employment Authorization, for no extra charge. Your sister’s husband can apply for travel permission using USCIS form I-131, Application for Travel Document. However, if he was here unlawfully more than 180 days before she submits form I-485, he should check with an immigration law expert before traveling abroad. If he leaves before getting permanent residence, even with USCIS permission, the agency may require him to get an “unlawful presence” waiver before approving her case. You can get the forms and filing instructions at uscis.gov or by calling 800-870-3676.
Allan Wernick is an attorney and director of the City University of New York Citizenship Now! Project. Send questions and comments to Allan Wernick, Daily News, 4 New York Plaza, New York, NY 10004. Prof. Wernick’s website: www.allanwernick.com.
Reprinted from the Friday, July 15 editions of The New York Daily News.
