Weird situation

[newlyweds2010 208]

Ok so I met this guy whose wife is Italian, and they have been happily married for about 5 years now. They are ready to file for her naturalization, when one day she says 'oh by the way, my mom became a US citizen back in the 50s when she used to live here. can I just apply for a US passport?". I don't know how someone could just "oh by the way" like that, but whatever. However, she has been here on a green card (she is an Italian citizen married to a US citizen), and she has never claimed to be a US citizen before. What would her best way to handle this situation?

[Sandra G. 5,038]

Considering your friend situation she can't apply for Citizenship, she is over 18. She will be able in the future through marriage.

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

* Have at least one American citizen parent by birth or naturalization;

* Be under 18 years of age;

* Live in the legal and physical custody of the American citizen parent; and

* Be admitted as an immigrant for lawful permanent residence.

Edited March 19, 2012 by sandranj

[Harpa Timsah 13,258]

How long did the friend's mom live in the US? I am guessing that it wasn't enough to pass on citizenship to the friend, so it makes no difference.

Edited March 19, 2012 by Harpa Timsah

[ManuFred 10]

Ok so I met this guy whose wife is Italian, and they have been happily married for about 5 years now. They are ready to file for her naturalization, when one day she says 'oh by the way, my mom became a US citizen back in the 50s when she used to live here. can I just apply for a US passport?". I don't know how someone could just "oh by the way" like that, but whatever. However, she has been here on a green card (she is an Italian citizen married to a US citizen), and she has never claimed to be a US citizen before. What would her best way to handle this situation?

She must have anticipated she would not be able to get citizenship based on her mothers citizenship. Maybe she just wanted some confirmation. Filing N-400 based on marriage or 5 year LPR status would be the way to go.

[newlyweds2010 208]

Considering your friend situation she can't apply for Citizenship, she is over 18. She will be able in the future through marriage.

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

* Have at least one American citizen parent by birth or naturalization;

* Be under 18 years of age;

* Live in the legal and physical custody of the American citizen parent; and

* Be admitted as an immigrant for lawful permanent residence.

Now she is older than 18, but wouldn't she have already become a US citizen if her mom was a US citizen when she was born and had lived in the US enough time to pass her the US citizenship? However, I don't think she can just apply for a US passport, she would first have to establish that she is a US citizen.

[newlyweds2010 208]

She must have anticipated she would not be able to get citizenship based on her mothers citizenship. Maybe she just wanted some confirmation. Filing N-400 based on marriage or 5 year LPR status would be the way to go.

I dont' know how long her mom lived in the US, but I will ask. I agree that filing the N-400 would be the easiest way to go, however I am concerned that she might already be a US citizen, and that all what she is doing vis-a-vis the USCIS may be detrimental to her position. I mean, if she is a US citizen already, she should not be holding a green card in the first place, right? Or would she become one the moment she apply for it? how about the IRS? if she was a US citizen by birth, then she should have filed tax returns a long time ago, right?

[freetv 7]

From what I understand her mom would have needed to report the birth abroad before she turned 18 (also her mom would have needed to live in the u.s. at least 5 years). Your parents can be american but if they never lived in the u.s. you are not an american.... nor would you be if they never reported it. *But obviously I could be wrong