My mom became a U.S. Citizen when I was 16 years old... how come I'm not a U.S. Citizen??

[kkrxo 2]

I know it's a little late to ask considering I'm now 23 years old and my husband has just petitioned me and am waiting for my AOS package to be processed already... but my mom became a U.S. Citizen when I was 16, how come I didn't automatically become one also? (Sorry if I didn't word that correctly) She doesn't seem to know either.

My mom said she wrote my name down on all of the forms when she applied for citizenship and thought I would acquire citizenship the same time she did...but obviously not! Could it be because I wasn't a lawful permanent resident as of yet? My mom said the petition for me was still pending at the time of her naturalization ceremony and all of that... I'm thinking I didn't automatically become a citizen because even though a petition for me was pending, I ultimately got denied. (got an RFE and the requested docs were never returned) I don't really know too much about how any of this works. It would have been nice to still have acquired citizenship through her though

I've been living in the U.S. for most of my life and have been "out of status" since I was 11! I still attended school and everything.. got my degree just this year but wasn't eligible for any financial aid (ofcourse) so I had to put myself through school w/ my own money that I got from a bad car wreck. The U.S. is all I really know and all I want to be is finally 'legal'! What is the point of having a degree if I can't even work in this country? Kind of stupid. So I hope this time around, my AOS application will go smoothly

Anyways, it would just be nice to know why I didn't acquire citizenship the same time she did... and my petition was denied back then so I hope that doesn't interfere with the AOS application this time around...!

[aleful 1,905]

I know it's a little late to ask considering I'm now 23 years old and my husband has just petitioned me and am waiting for my AOS package to be processed already... but my mom became a U.S. Citizen when I was 16, how come I didn't automatically become one also? (Sorry if I didn't word that correctly) She doesn't seem to know either.

My mom said she wrote my name down on all of the forms when she applied for citizenship and thought I would acquire citizenship the same time she did...but obviously not! Could it be because I wasn't a lawful permanent resident as of yet? My mom said the petition for me was still pending at the time of her naturalization ceremony and all of that... I'm thinking I didn't automatically become a citizen because even though a petition for me was pending, I ultimately got denied. (got an RFE and the requested docs were never returned) I don't really know too much about how any of this works. It would have been nice to still have acquired citizenship through her though

I've been living in the U.S. for most of my life and have been "out of status" since I was 11! I still attended school and everything.. got my degree just this year but wasn't eligible for any financial aid (ofcourse) so I had to put myself through school w/ my own money that I got from a bad car wreck. The U.S. is all I really know and all I want to be is finally 'legal'! What is the point of having a degree if I can't even work in this country? Kind of stupid. So I hope this time around, my AOS application will go smoothly

Anyways, it would just be nice to know why I didn't acquire citizenship the same time she did... and my petition was denied back then so I hope that doesn't interfere with the AOS application this time around...!

First you have to be a LPR, you need a GC. just because she wrote down your name doesn't mean you will become a USC. what she wrote was just information.

first you become a LPR, then she becomes a USC. if you are under 18 and have your GC, then she can file the N600 and you can also get your US passport.

or she becomes a USC and if your are under 21 she can file a petition for you and you will get your GC. then you can beoome a USC

bottom line, you need a GC first, then you can beocme a USC.

just like now, first the GC, then later on, Naturalization.

[kkrxo 2]

First you have to be a LPR, you need a GC. just because she wrote down your name doesn't mean you will become a USC. what she wrote was just information.

first you become a LPR, then she becomes a USC. if you are under 18 and have your GC, then she can file the N600 and you can also get your US passport.

or she becomes a USC and if your are under 21 she can file a petition for you and you will get your GC. then you can beoome a USC

bottom line, you need a GC first, then you can beocme a USC.

just like now, first the GC, then later on, Naturalization.

I see. I was under the impression that I could still acquire citizenship through her as long as a petition for me was pending. But I guess not! Thank you

[Brother Hesekiel 2,236]

In order to become a US citizen riding piggyback on your mom's petition, you would have to be a Green Card holder as well. If so, when your mom becomes a USC, you become a USC automatically.

Now . . . even though you ARE a USC at that time, nobody really knows. It needs to be documented, for which we have form N-600.

N-400 is an application to become a USC; N-600 is a request to document that a USC is in fact already a USC. Do you understand the difference?

In any case, if you did not have a Green Card by the time your mom became a USC, you missed out on the piggyback ride.

[kkrxo 2]

In order to become a US citizen riding piggyback on your mom's petition, you would have to be a Green Card holder as well. If so, when your mom becomes a USC, you become a USC automatically.

Now . . . even though you ARE a USC at that time, nobody really knows. It needs to be documented, for which we have form N-600.

N-400 is an application to become a USC; N-600 is a request to document that a USC is in fact already a USC. Do you understand the difference?

In any case, if you did not have a Green Card by the time your mom became a USC, you missed out on the piggyback ride.

Hmmm... that's too bad. Hope my application process this time around will go smoothly

[kkrxo 2]

Like I said, I've been 'out of status' since I was 11, so I've overstayed my visa for 12 years now. I just hope USCIS can see that it's not my fault that I overstayed my visa, because I came here when I was 1 years old... I didn't know anything about anything. Seems like my mom didn't really make a BIG attempt to help me get my green card even after she became a permanent resident... and she really still had until I was 21 to petition me and she didn't. I could've married my husband as soon as I turned 18 and had him petition me and adjust my status back then but, we didn't want to get married for the wrong reasons. So I just pray to God that USCIS understands!

[JimVaPhuong 4,863]

Sounds like your mom screwed up royally. Your petition should have been upgraded from an FB2A to an IR2 as soon as she became a citizen. She should have responded to the RFE. When the petition was denied she should have refiled. She had until you were 21 years old to get it right, and get you a green card, but she blew it.

Don't hope for compassion and understanding from USCIS. There is no accommodation in the Adjudicators Field Manual for compassion and understanding. They follow the law, and the guidance in the AFM. Make sure you've got your ducks in a row and are fully prepared for the interview. As long as you've got all the bases covered then they shouldn't deny you.

[Boiler 45,525]

How did you enter, what status were you in?

[kkrxo 2]

How did you enter, what status were you in?

My expired passport says B1/B2.

[Boiler 45,525]

You were out of status since you were 1 or 2, not 11.

I was hoping that the answer would be different.

[kkrxo 2]

No I got a new one and it says it expired in march of 1998.

Edited October 8, 2010 by kkrxo

[kkrxo 2]

You were out of status since you were 1 or 2, not 11.

I was hoping that the answer would be different.

The passport that I have has one w/ my baby picture on it from 1988, and it's stapled to another passport w/ a visa that was issued on feb 05, 1993 and that one says the visa expires in feb 04 1998. My apologies, I put march on the last post. And then on the Visa Type/Class, it says "R" then a bunch of spaces then "B1/B2"

[Boiler 45,525]

I am talking about when you were out of status, not when your visa to enter the US expired.

Technically the visa was voided as soon as the overstay occurred, not that it matters now.

[kkrxo 2]

I am talking about when you were out of status, not when your visa to enter the US expired.

Technically the visa was voided as soon as the overstay occurred, not that it matters now.

Oh, see I was confused. I thought that I wasn't considered an overstay until my visa expired. My bad! Shows how much I know about any of this! So I overstayed when I was 1? How do you figure that so I'll understand? I'm still confused on how I was able to apply for a social security number and all when I was in grade school but that's probably a whole nother story and I don't even know where to begin with that .

[kkrxo 2]

I am talking about when you were out of status, not when your visa to enter the US expired.

Technically the visa was voided as soon as the overstay occurred, not that it matters now.

Sorry to keep replying on your post. I just wanted to add that when we first came in 1988, we didn't stay for long. We came back and forth from the U.S. to the Philippines a lot (I know just from pictures and stories), and then when we came back in Dec. of 1994, that's when we stayed in the U.S. and never went back to the Philippines. Just wanted to clarify that!