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Filed: Timeline
Posted

Hi, I've been calling the USCIS customer service all morning (1-800-375-5283) and still couldn't figure out how to get a live person... I hope someone on this forum can help me out, so, here is my situation... My father obtained his certificate of citizenship in 2005, at the time I was 17 yrs old. hes been in the US for 14-15 years and I've been here for around 10... On USCIS it says

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

* At least one adoptive parent is a U.S. citizen, (dad)

* The child is under 18 years of age, (at the time, i was 17)

* If the child is adopted, a full and final adoption of the child, and (biological)

* The child is admitted to the United States as an immigrant (always been a green card holder)

So here is the problem, I have been out of the U.S. on 2 occasions since 2005, short 30 day visits, using a non-USA passport, is that going to be a problem? because by the looks of it, I am technically a US citizen already? and since the USCIS page did not mention "options", i assume it was automatic since i was a minor... so how will this affect my status? I honestly don't even know if its legal...

and another question, is it possible to obtain a US passport and skip this process? i know proof of citizenship is usually required, but will my fathers certificate and my certification of birth be enough? or do i need to get my own citizenship certification before I can do anything?

Thanks in advances, and if anyone have phone numbers that i can call to get clear answers from, that would be awesome as well

Posted
Hi, I've been calling the USCIS customer service all morning (1-800-375-5283) and still couldn't figure out how to get a live person... I hope someone on this forum can help me out, so, here is my situation... My father obtained his certificate of citizenship in 2005, at the time I was 17 yrs old. hes been in the US for 14-15 years and I've been here for around 10... On USCIS it says

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

* At least one adoptive parent is a U.S. citizen, (dad)

* The child is under 18 years of age, (at the time, i was 17)

* If the child is adopted, a full and final adoption of the child, and (biological)

* The child is admitted to the United States as an immigrant (always been a green card holder)

So here is the problem, I have been out of the U.S. on 2 occasions since 2005, short 30 day visits, using a non-USA passport, is that going to be a problem? because by the looks of it, I am technically a US citizen already? and since the USCIS page did not mention "options", i assume it was automatic since i was a minor... so how will this affect my status? I honestly don't even know if its legal...

and another question, is it possible to obtain a US passport and skip this process? i know proof of citizenship is usually required, but will my fathers certificate and my certification of birth be enough? or do i need to get my own citizenship certification before I can do anything?

Thanks in advances, and if anyone have phone numbers that i can call to get clear answers from, that would be awesome as well

Congratulations. You are a US Citizen, and have been one since the day those criteria were satisfied. It was automatic.

The fact that you travelled without a US Passport doesn't revoke your citizenship. There are only a few ways to lose citizenship (listed in INA 349) and travelling on a non-US passport isn't one of them. In order to lose citizenship, generally you have to commit an expatriating act voluntarily and with the intention of relinquishing US nationality. Yes by travelling without a US Passport, you violated INA 215(b), but I've never heard of someone being prosecuted for that, so I wouldn't get too worried. It's now in the past. I'd try to avoid repeating it in the future, though. The big problem is that it can sometimes lead to issues and hassles when trying to re-enter the US, but you're past that.

You can apply directly for a passport. On the DS-11 instructions, it says that If You Claim Citizenship Through Naturalization Of Parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate, and proof of your admission to the United States for permanent residence.

Or you can apply for a certificate of citizenship, and then use that to get a passport. Either way, you'll have to submit essentially the same evidence that all of the criteria for citizenship under the CCA were met.

See travel.state.gov for instructions on how to apply for a US Passport.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

 
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