Child Citizenship Act of 2000

[mizyel 0]

I have read about a law called Child Citizenship Act Of 2000 about section 320. I was born outside the U.S but now I am a LPR (green card holder) since 04/04/2001. I came in U.S when I was 14 years old on April 2001, was petitioned by my biological father and now I am 24 years old. My biological father was born outside U.S and got his citizenship since birth through my grand father, cause my grand father was an American citizen and is serving as an army during World War 2. My father first visited in U.S on 1989 as an American citizen. Both my parents are American citizens and living in U.S but my mother just got her certificate of citizenship on 2005 through naturalization.

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Section 320: Automatic Acquisition of U.S. Citizenship for Children Born Outside of the United States and Residing Permanently in the United States

The child must meet the following requirements:

Have at least one U.S. citizen parent by birth or naturalization;

Be under 18 years of age;

Live in the legal and physical custody of the U.S. citizen parent;

Be admitted as an immigrant for lawful permanent residence; and

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Must the Child Get a Certificate of Citizenship?

A child who has acquired U.S. citizenship in accordance with Section 320 of the Immigration and Nationality Act does not have to obtain a Certificate of Citizenship in order to be considered a U.S citizen.

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My problem is I didn't get a passport before I turned in 18 years old but I met all the requirements before I turned 18. And I now no longer reside in U.S but I already been there. As the law says, I will be automatically get citizenship once I entered as an immigrant which happened before I turned 18. Will I still be able to get a U.S passport in Embassy? Please I really need an accurate answer

My questions are:

Do I get qualified for this law called Child Citizenship Act Of 2000 section 320?

if YES

1.) What are the requirements for me to obtain a U.S passport if I am outside in U.S at this moment?

2.) How and where can I get my U.S passport if I am outside of U.S? and what are the requirements

2.) Is it possible for my parents from U.S to get the passport if it can't be issued in the country where I am in? and what are the requirements

if NOT

1.) How can I obtain a U.S citizenship?

Your answer will be very much appreciated

Edited July 4, 2011 by mizyel

[JimVaPhuong 4,863]

Ok, your biological dad was a US citizen. He was living in the US when he petitioned for you. You entered the US when you were 14 years old and were issued a green card; i.e., you were admitted as an immigrant, and you were in the physical custody of your US citizen father at the time.

Honestly, this one has me a bit stumped. Technically, you have to file the N-600 before you're 18 in order to get a certificate of citizenship "by law" (rather than "by birth"). However, there's a grandfather clause in the law for someone who is is currently over 18, but met the requirements and was under 18 on February 27, 2001. The thing that's got me confused is that the N-600 is supposed to be filed in the United States, and the US citizen parent and child (you) are often interviewed by USCIS. I've scoured the USCIS and several consulate websites, and I can't find a process for filing an N-600 from abroad.

How long have you been outside the US? Is your green card still valid?

[mizyel 0]

According to law child citizenship act of 2000 section 320, once you entered in U.S as an immigrant, you will be automatically considered as a U.S citizen if you were before 18 at that time you entered. My only problem now is I am already 24 but I didn't get a U.S passport before I was 18 years of age. Please if anyone, correct me if I'm wrong

[JimVaPhuong 4,863]

According to law child citizenship act of 2000 section 320, once you entered in U.S as an immigrant, you will be automatically considered as a U.S citizen if you were before 18 at that time you entered. My only problem now is I am already 24 but I didn't get a U.S passport before I was 18 years of age. Please if anyone, correct me if I'm wrong

You don't become a citizen until you get a document stating you're a US citizen, either a passport, certificate of naturalization, or certificate of citizenship. When you were admitted as an immigrant you automatically became eligible for citizenship, but you still need to file the form. The only people who are recognized as US citizens without having to ask for that recognition are people born in the United States.

Your problem is not unsolvable, but I'm just not sure of the process for solving it. I don't believe you can apply for a passport because you weren't born in the US, and you don't have any document from USCIS recognizing your citizenship. I'm fairly certain you can apply for a certificate of citizenship, but I don't know the process for doing this abroad. I did read a case about someone in a similar circumstance. They left the US with a green card, remained abroad for several years, and then their parents filed an N-600 on their behalf so that they could return to the US. The N-600 was denied because USCIS scheduled an interview and the applicant didn't attend.

The N-600K is for applications when the applicant is outside the US, but it's specifically for cases of adoption and when the qualifying US citizen parent has died, and it must be filed by the parent or grandparent of the applicant. The N-600K is still filed in the US.

This is why I asked how long you've been outside the US and if your green card was still valid. If you haven't been gone long enough to have your permanent residence automatically revoked then you could return to the US and submit the N-600 here. If you can't do that then maybe you need to consult with an immigration attorney and find out what can be done from abroad.

[mizyel 0]

"A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. To obtain a U.S. Passport, visit the Department of State's Apply for a U.S. Passport webpage."

"If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application."

Found it on uscis' website. And regarding the N-600, I believe, it is possible for me to file that form myself from where I am. I need someone who has knowledge about CCA section 320, if I'd still be qualified. I met all the requirements before I turned 18, but I didn't get a U.S passport til' now I am 24 years old and I wanted to get one.

For your question how long I been outside U.S. It's been years already so I guess my green card is already revoked that's why I want to enter in U.S as an American citizen.

Edited July 5, 2011 by mizyel

[JimVaPhuong 4,863]

"A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. To obtain a U.S. Passport, visit the Department of State's Apply for a U.S. Passport webpage."

"If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application."

Found it on uscis' website. And regarding the N-600, I believe, it is possible for me to file that form myself from where I am. I need someone who has knowledge about CCA section 320, if I'd still be qualified. I met all the requirements before I turned 18, but I didn't get a U.S passport til' now I am 24 years old and I wanted to get one.

For your question how long I been outside U.S. It's been years already so I guess my green card is already revoked that's why I want to enter in U.S as an American citizen.

Yes, I understand all that. If you were in the US you could file either an N-600 or apply for a passport. The "application" they are referring to is the N-400 application for naturalization, which you don't need. My point is that the US government doesn't recognize you as a US citizen until you ask them to. The process is clear if you're in the US, but I have no idea how it works if you're outside the US. The question isn't whether or not you're a US citizen. The question is how you prove you're a US citizen so you can get a passport. I was born in the US, but if I was in your country and had never received a US passport then I would have the same problem you've got. I'd need to prove to the US government that I was a citizen so that I could obtain a US passport and get back into the US. For me, the process would involve getting a copy of my birth certificate. I'm not sure what the process is for you. I don't think you can apply for a passport because you don't have any proof that you're a US citizen.

[mizyel 0]

As I stated in my previous post. I met all the requirements before I turned 18 which made me a U.S. citizen having automatically acquired U.S. citizenship pursuant to Section 320 of the Immigration and Nationality Act. If I am really a U.S citizen then they should recognize me if I apply for a passport then.

So, in my first post I asked what could be the requirements or proof they need? You mentioned I don't have any proof so I am assuming you know what are the requirements. I can provide my father's certificate of citizenship, proof that I was in U.S as an immigrant on 2001 at minor age (below 18), studying and living with my parents.

I know my situation right now is really complicated, I'm really hoping someone here been through this process before.

Edited July 5, 2011 by mizyel

[Jojo92122 1,924]

Read the instructions for Form N-600. You can file it - read the note at the end of part 2 of "Who Should Use Form N-600?" To paraphrase, if you are now over 18 and you met all the conditions when you were under age 18 and you were under 18 when the Child Citizenship Act took effect on 2/27/2001, you can submit Form N-600.

There are four requirements and you have have to provide proof that you meet all those requirements;

1. US citizen parent by birth or naturalization;

2. You are under age 18;

3. You reside with the US citizen parent; and

4. You are an LPR.

A copy of your dad's US passport and a copy of your birth certificate (showing dad is the father) should be sufficient to meet the first requirement. A copy of your green card should be sufficient to meet the fourth requirement. A copy of your US high school transcript showing your address when you were under age 18 and additional proof that it was also your dad's address should be sufficient to meet the second and third requirements.

Good luck.

[Jojo92122 1,924]

You are correct that you became a US citizen automatically when you met all the requirements upon entering the US at age 14 as an LPR to live with your dad. US citizenship was automatically conferred to you by operation of law (sometimes refer to as action of law). If something happens by operation of law, no action is required by anybody.

To prove that you are a US citizen, you will need either a certificate of citizenship or a US passport. Generally, these are the two most common ways for someone like you (born outside the US) to prove US citizenship.

You are not trying to obtain US citizenship because you are already a US citizen by meeting all the requirements of the Child Citizenship Act. You just need proof that you are a US citizen, and the certificate of citizenship is a definitive document proving so.

[JimVaPhuong 4,863]

Jojo, those points are all valid, but that's not the OP's problem. Yes, the OP is eligible to file an N-600, but the N-600 must be filed with USCIS. The OP is not currently IN the US. Do you know of any process for filing an N-600 with a US consulate?

[Brother Hesekiel 2,236]

You don't become a citizen until you get a document stating you're a US citizen, either a passport, certificate of naturalization, or certificate of citizenship.

Is it April 1st already?

A person can be born a US citizen based on jus sanginius or jus soli. The citizenship status even exists on a still-born baby. No need for a life birth, or even a single breath, and also no need for a document.

Whether it's a birth certificate, a Certificate of Citizenship, or a passport, the document itself just certfies what is already the case. An N-600 is a request to confirm a fact in writing, nothing else. If the confirmation takes place, then the applicant was a US citizen even before submitting the application.

[Jojo92122 1,924]

Jojo, those points are all valid, but that's not the OP's problem. Yes, the OP is eligible to file an N-600, but the N-600 must be filed with USCIS. The OP is not currently IN the US. Do you know of any process for filing an N-600 with a US consulate?

Yup - missed the part in the instructions which states the N-600 must be filed with USCIS in the US.

The US Embassy in Manila has a procedure for "Derivative US Citizenship for Adult." The OP will need to provide all the supporting documents required under the Child Citizenship Act.

http://manila.usembassy.gov/service/citizenship/derivative-u.s.-citizenship-for-adults

[JimVaPhuong 4,863]

Is it April 1st already?

A person can be born a US citizen based on jus sanginius or jus soli. The citizenship status even exists on a still-born baby. No need for a life birth, or even a single breath, and also no need for a document.

Whether it's a birth certificate, a Certificate of Citizenship, or a passport, the document itself just certfies what is already the case. An N-600 is a request to confirm a fact in writing, nothing else. If the confirmation takes place, then the applicant was a US citizen even before submitting the application.

Yes, thank you. Bad choice of words on my part. A more accurate statement would have been "You don't get a requested benefit of citizenship until you can present proof of your citizenship." Not having proof does not mean you aren't a citizen, but it does mean the requested benefit will be denied until you can obtain that proof. Like I said, if I was in the OP's country and had never obtained a US passport then I would be in the same boat he's in, even though I was born in the US. I would need to obtain proof of my citizenship before I would be issued a passport.

The OP became a citizen when he was admitted for immigration into the custody of his US citizen parent before he was 18 years old. Now he needs to ask for a benefit of citizenship - a US passport - but he has no proof that the US government has recognized his citizenship. He has the documents to obtain that proof, but the process for obtaining it is designed to be completed while the claimant is in the United States. What we need to know is if there's a process for completing an N-600 from abroad. The N-600K was designed to be submitted while the claimant is abroad, but it still must be submitted in the US by the parents or grandparents of the claimant, and it's specifically for circumstances other than the OP's - adoption of the claimant or death of the US citizen parent.

Yup - missed the part in the instructions which states the N-600 must be filed with USCIS in the US.

The US Embassy in Manila has a procedure for "Derivative US Citizenship for Adult." The OP will need to provide all the supporting documents required under the Child Citizenship Act.

http://manila.usembassy.gov/service/citizenship/derivative-u.s.-citizenship-for-adults

Unfortunately, his father didn't meet the residency requirements when he was born. He said he came to the US in 2001 when he was 14 years old. This means he was born in 1987. His father derived his US citizenship from his grandfather, but his father didn't arrive in the US for the first time until 1989. The OP cannot claim derivative citizenship by birth.

[Jojo92122 1,924]

Yes, thank you. Bad choice of words on my part. A more accurate statement would have been "You don't get a requested benefit of citizenship until you can present proof of your citizenship." Not having proof does not mean you aren't a citizen, but it does mean the requested benefit will be denied until you can obtain that proof. Like I said, if I was in the OP's country and had never obtained a US passport then I would be in the same boat he's in, even though I was born in the US. I would need to obtain proof of my citizenship before I would be issued a passport.

The OP became a citizen when he was admitted for immigration into the custody of his US citizen parent before he was 18 years old. Now he needs to ask for a benefit of citizenship - a US passport - but he has no proof that the US government has recognized his citizenship. He has the documents to obtain that proof, but the process for obtaining it is designed to be completed while the claimant is in the United States. What we need to know is if there's a process for completing an N-600 from abroad. The N-600K was designed to be submitted while the claimant is abroad, but it still must be submitted in the US by the parents or grandparents of the claimant, and it's specifically for circumstances other than the OP's - adoption of the claimant or death of the US citizen parent.

Unfortunately, his father didn't meet the residency requirements when he was born. He said he came to the US in 2001 when he was 14 years old. This means he was born in 1987. His father derived his US citizenship from his grandfather, but his father didn't arrive in the US for the first time until 1989. The OP cannot claim derivative citizenship by birth.

There is more than one way to claim derivative citizenship. What you have posted in one way - claiming derivative citizenship by birth. Another way to claim derivative citizenship is through the Child Citizenship Act where a minor admitted to the US as an LPR and the child is residing with a US citizen parent.

What would you suggest the OP do? If he can't claim US citizenship at the US Embassy/Consulate, then is he in limbo? He's a US citizen. He's entitled to receive help from the US Embassy/Consulate. If he can't file the N-600 because he is not in the US, then his only choice is to seek help from the US Embassy/Consulate.

http://blog.davidbreston.com/2009/07/derivative-citizenship-the-child-citizenship-act-of-2000/

http://www.legallanguage.com/legal-articles/derivative-citizenship/

Edited July 7, 2011 by Jojo92122

[Jojo92122 1,924]

I suspect that the OP's situation is fairly uncommon and that is why it's so hard to research. However, US citizens are entitled to receive help from the US embassies and consulates. If the OP can prove he met all the requirements of the CCA to gain derivative citizenship through his father, the US Embassy/Consulate will surely help him get a US passport.