We're orphans but are my siblings US citizens?

[bigsister 0]

Hi everyone,

Merry Christmas to all.

I am the oldest of 4 siblings in the family. My mom died when I was only seven. My dad passed away when I was seventeen years old.

Timeline:

In 1996, All siblings moved to hawaii as a permanent resident.

In 1998, My Dad became a US citizen.

In 1999, my dad passed away and we 4 siblings we're forced our seperate ways:

Us, 2 older siblings came to california to live with my aunt.

[bigsister 0]

Hi everyone,

Happy holidays to all.

I am the oldest of 4 siblings in the family. My mom died when I was only seven. My dad passed away when I was seventeen years old.

Timeline:

In 1996, All siblings moved to hawaii as a permanent resident.

In 1998, My Dad became a US citizen.

In 1999, my dad passed away and we 4 siblings we're forced our seperate ways:

Us, the 2 elder siblings came to california to live with my aunt.

My 2 younger siblings came to the philippines to live with my grandmother.

In 2000, Child citizenship Act was put to law.

In 2004, the 2 eldest sibling became a US citizen by naturalization.

In 2007, My younger siblings applied for a tourist visa to the US to attend my wedding. But the US consulate asked that they fill up a I-407 form before they can issue a tourist visa. My brother and sister never filed that form.

Did my younger brother and sister become US citizens in 2000, because they had permanent residency status and one of their parent (although deceased) was a US citizen?

Or are their permanent residency status considered abandoned? I am not sure if they applied for a re-entry to the US in 1999 when my dad passed away.

Thanks for reading and answering my topic.

Happy holidays to all again.

[Penguin_ie 5,996]

My understanding is that they abandoned status, so you would need to petition for new visas for them- it'll take a long time from your country.

[bigsister 0]

i know that they abandoned it. but is there a possibility that they became US citizens before they abandoned there LPR status in 2001 when the child citizenship act became effective.

also, can you fight abandonement if you had no parents and too young when you accidentally abandoned your LPR status?

[Boiler 46,000]

How old are they?

[Jojo92122 1,924]

i know that they abandoned it. but is there a possibility that they became US citizens before they abandoned there LPR status in 2001 when the child citizenship act became effective.

also, can you fight abandonement if you had no parents and too young when you accidentally abandoned your LPR status?

Your younger siblings are US citizens.

The Child Citizenship Act (CCA) does not apply to them because it became effective after your father's death. You must rely on the law that was in place on the day your father gained his US citizenship when your younger siblings had already been admitted to the US as LPRs. Under the law that was effective 10/5/1978 to 2/27/2001, a child under the age of 18 gains US citizenship if the child is admitted to the US as an LPR and both parents have naturalized. The definition of "both parents" includes a surviving parent if one already passed away.

http://shusterman.com/uscitizenshipchart3.html

Here are your facts;

1) Your younger siblings were admitted to the US as LPRs in 1996.

2) Their mother passed away in or around 1989 (when you were 7 years old).

3) Their surviving father became a US citizen in 1998 when they were under the age of 18 (based on the fact that you as the older sibling was 17 when your dad died in 1999).

Congratulations.

I suggest that your younger siblings file for their certificates of US citizenship based on these facts.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=40a9b2149e7df110VgnVCM1000004718190aRCRD

Edited December 28, 2010 by Jojo92122

[bigsister 0]

Your younger siblings are US citizens.

The Child Citizenship Act (CCA) does not apply to them because it became effective after your father's death. You must rely on the law that was in place on the day your father gained his US citizenship when your younger siblings had already been admitted to the US as LPRs. Under the law that was effective 10/5/1978 to 2/27/2001, a child under the age of 18 gains US citizenship if the child is admitted to the US as an LPR and both parents have naturalized. The definition of "both parents" includes a surviving parent if one already passed away.

http://shusterman.com/uscitizenshipchart3.html

Here are your facts;

1) Your younger siblings were admitted to the US as LPRs in 1996.

2) Their mother passed away in or around 1989 (when you were 7 years old).

3) Their surviving father became a US citizen in 1998 when they were under the age of 18 (based on the fact that you as the older sibling was 17 when your dad died in 1999).

Congratulations.

I suggest that your younger siblings file for their certificates of US citizenship based on these facts.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=40a9b2149e7df110VgnVCM1000004718190aRCRD

Thanks so much for looking understanding my story. I also wanted to clarify that my sister and brothers we're not in hawaii when my dad became a citizen.

since we were admitted as LPR in the USA since 1996, we stayed with out aunt in california and all four of us went to school in california for one year.

in 1997, my 2 youngest siblings went back to the philippines because no one could really take care of them. while me and my sister continued our studies in california.

in 1998, my dad got his US passport in january '98. Me and my sister went to live with my dad in hawaii. my 2 youngest siblings never got back to the USA since march 1987 -- 10 months before our dad became a US citizen.)

Would that mean they abandoned their LPR, since the last time they've been here was 10 month prior to my dad's US citizenship?

Did they become US citizen on the day my dad became US citizen in january 97 even though they we're in the philippines at that time and never got back to the US?

My youngest siblings are now 24 and 22 years old.

[Jojo92122 1,924]

Thanks so much for looking understanding my story. I also wanted to clarify that my sister and brothers we're not in hawaii when my dad became a citizen.

since we were admitted as LPR in the USA since 1996, we stayed with out aunt in california and all four of us went to school in california for one year.

in 1997, my 2 youngest siblings went back to the philippines because no one could really take care of them. while me and my sister continued our studies in california.

in 1998, my dad got his US passport in january '98. Me and my sister went to live with my dad in hawaii. my 2 youngest siblings never got back to the USA since march 1987 -- 10 months before our dad became a US citizen.)

Would that mean they abandoned their LPR, since the last time they've been here was 10 month prior to my dad's US citizenship?

Did they become US citizen on the day my dad became US citizen in january 97 even though they we're in the philippines at that time and never got back to the US?

My youngest siblings are now 24 and 22 years old.

ARGGGGGGGGGGGGGGGGGG!!!!!! You now have interjected important facts that you have not previously disclosed. THIS IS THE FIRST TIME THAT YOU POSTED THAT YOUR YOUNGER SIBLINGS LEFT THE US 10 MONTHS BEFORE YOUR FATHER BECAME A US CITIZEN AND THEY NEVER RETURNED TO THE US. This fact may jeopardize their claims of US citizenship.

You need a good immigration lawyer to guide your siblings in filing Form N-600. Since they left the US ten months before your father became a US citizen, it could be concluded they abandoned their LPR status. Since they were minors, we do not look at their intents; we look at the parent's intent in removing them from the US. If your father intended for them to briefly leave the US, then it may not be a problem. However (again), your siblings took no actions after gaining the age of majority (turning 18 years old). They may have waited too long to claim US citizenship. The complexity of their cases and the risks that they may have to live in the Philippines for the next 25 years waiting for you to petition for them is a good reason to spend money on a lawyer to guide them.

[Jojo92122 1,924]

Hi everyone,

Merry Christmas to all.

I am the oldest of 4 siblings in the family. My mom died when I was only seven. My dad passed away when I was seventeen years old.

Timeline:

In 1996, All siblings moved to hawaii as a permanent resident.

(In March 1997, my younger siblings left the US ten months before my Dad became a US citizen and they never returned to the US.)

In 1998, My Dad became a US citizen.

In 1999, my dad passed away and we 4 siblings we're forced our seperate ways:

Us, 2 older siblings came to california to live with my aunt.

(Today, my siblings are 24 and 22. They never tried to renter the US when they became adults at age 18.)

Your facts changes dramatically when you add the stuff in red doesn't it? Furthermore, you stated that your siblings were not separated until 1999 when in fact you were separated in 1997.

When dealing with the immigration services, you don't want to leave out important facts. Very risky.

Edited December 29, 2010 by Jojo92122

[bigsister 0]

Your facts changes dramatically when you add the stuff in red doesn't it? Furthermore, you stated that your siblings were not separated until 1999 when in fact you were separated in 1997.

When dealing with the immigration services, you don't want to leave out important facts. Very risky.

thanks for the help. besides the question whether they abandoned their LPR status, you mentioned that the fact they didn't try to claim citizenship before age 18 affects there chances?

My husband is the one who brought this attention to me. All these years, I've tried to send money to my youngest siblings until my husband dug up some facts about my history and told me that they might have a shot at citizenship.

thanks for helping me on my visa journey.