In the process of N-400 or N-600?

[thomasc 0]

Hi everyone,

A friend advised me to sign up for VJ about a week ago while talking about immigration processes. He was able to petition his wife and she has just arrived in NYC after a timeline of 6 months and 1 day. I thought that was fantastic and I'm thinking maybe you can help me out as well.

I'm currently working towards getting my citizenship using the N-400 form when I recently found out about N-600. I'm new to immigration terminology but I'll try to summarize and explain my situation as clearly as possible.

1994 - Arrived in California as immigrant at 17 years old via U.S. citizen mother.

1997 - Went back to Philippines, got married after I turned 21 (wasn't able to change my status when I came back to America).

1998 - Moved to NYC until 2003.

2004 to present - Back in California working fulltime.

10/24/11 - Finally decided to work on citizenship. Now, I have 3 kids (a 13, 9 and 7 year old).

I know I lost a huge amount of time and I think it's very embarrassing. I have managed to gather most of the requirements for N-600 and ready to submit. My question is that, do I declare that I'm married? I still declare "Single (1)" on my W2 for work since my wife and kids doesn't have social security numbers, I couldn't declare them as dependents. The immigration attorney I discussed my situation with said that I'd have to amend my taxes first before filing my N-600. We only exchange emails online as I've never met her before. I just want to find out how do I do this right the first time so that it won't affect my actions in the future. I'm planning on getting my citizenship first and then petition my wife and kids after.

Do I proceed with N-400? or am I even eligible for N-600 and would this be a faster method?

Thank you so much!

Sincerely,

Tom

[Brother Hesekiel 2,236]

You don't have a choice.

The N-400 is an application to become a U.S. citizen.

The N-600 is an application to certify that you are a U.S. citizen.

Are you a U.S. citizen?

I'm not sure.

The Child Citizenship Act was introduced in 2000. At the time you were 23 years of age, so you couldn' t have obtained citizenship by derivation. If that's the case, then you need to file an N-400. If I'm mistaken, and it is very well possible that I am mistaken here, meaning you became a U.S. citizen automatically a millisecond after getting your Green Card, then you would file an N-600. Frankly, I think you should be a U.S. citizen via jus sanguinis anyway, assuming that your mom had lived in the U.S for 7 years before you were born, 2 of which would have to be after her 14th birthday.

If you are married, you need to state that you are married. Don't even waste a single thought on doing something that would bar your wife and kids to ever enter the United States in their lifetime, and stating you are single when you are married and have children would be such a case.

[thomasc 0]

I was just reading the A4 guide (http://www.uscis.gov/USCIS/Resources/A4en.pdf). I think I'm a U.S. citizen. My mom naturalized back in 1993 and I was under 18 when I became permanent resident.

Maybe I'll go research some more and back-read the forum threads before I submit it next week, but I will however declare that I am married. Thank you so much for the advice.

[Jojo92122 1,924]

I was just reading the A4 guide (http://www.uscis.gov/USCIS/Resources/A4en.pdf). I think I'm a U.S. citizen. My mom naturalized back in 1993 and I was under 18 when I became permanent resident.

Maybe I'll go research some more and back-read the forum threads before I submit it next week, but I will however declare that I am married. Thank you so much for the advice.

You are not a US citizen based on the information you have provided. You did not derive US citizenship from your parents.

The Child Citizenship Act of 2000 does not apply to anyone who was 18 years old or older on 2/27/2001. The CCA is the law referenced in the link (guide) you provided.

Under the derivative citizenship law in place in 1994, the only way you could have derivative US citizenship is if you had a US born parent AND you were an under 18 LPR when your mom naturalized. Your mom naturalized in 1993. You didn't immigrate to the US until 1994. You could not have derived US citizenship through your mom.

You need to apply the law that was in place when you immigrated to the US. If you want US citizenship, you will need to apply for naturalization with Form N-400.

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Derivative citizenship law

http://www.usimmigrationlawyers.com/resources/immigration-law/us-citizenship/overview-derivative-citizenship

Overview of Derivative Citizenship

An individual can in certain situations acquire a Unites States citizenship automatically and this is called a derivative citizenship. When one or both of a child’s parents become naturalized United States citizens by applying for citizenship and passing the citizenship examination the child of that parent or parents in some circumstances automatically becomes a naturalized citizen of the United States without need to apply for citizenship or take any examination. Children gaining citizenship in this manner will never need to take an oath of citizenship renounce their allegiance to a foreign country or become involved in a citizenship granting ceremony.

Derivative Citizenship and Date of Parental Naturalization

Whether or not a child born in a foreign country whose parent or parents became naturalized United States citizens will have automatically achieved a derivative United States citizenship is determined by the laws that were in place not at the time of parental immigration but at the date and time the parent or parents became naturalized citizens.

Before May 24, 1934 – if either parent naturalized before your twenty first birthday and you held a green card you are a U.S. citizen

Between May 24, 1934 and January 12, 1941– if either parent naturalized before your twenty first birthday and you held a green card you are a U.S. citizen’

Between January 13, 1941 and December 23, 1952 – if you held a green card and both parents became naturalized citizens prior to your eighteenth birthday you are a U.S. citizen.

Between December 24, 1952 and October 4, 1978 – if you were unmarried and both parents became naturalized citizens prior to your sixteenth birthday and you received your green card prior to your eighteenth birthday you are a citizen.

Between October 5, 1978 and February 26, 2001 – if one of your parents was a U.S. citizen when you were born and never ceased being a U.S. citizen and your other parent was naturalized prior to your eighteenth birthday or both parents naturalized prior to your eighteenth birthday you are a U.S. citizen.

Between February 27, 2001 and the present – if one of your parents was born in the United States or if one of your parents naturalized prior to your eighteenth birthday while you were living in the United States in the legal and physical custody of that parent then you are a U.S. citizen.

[Jojo92122 1,924]

http://www.cuny.edu/about/resources/ciudadania/us-citizenship/CitizenshipforChildren/Nats_Chart_C-09.pdf

CHART C: DERIVATIVE CITIZENSHIP - LAWFUL PERMANENT RESIDENT CHILDREN GAINING CITIZENSHIP THROUGH PARENTS’ CITIZENSHIP

10/5/78 to 2/26/01:

a. Both parents must naturalize, or if only one parent naturalizes, the other parent must be either a U.S. citizen at the time of the child’s birth and remain a U.S. citizen, or be deceased, or the parents must be legally separated and the naturalizing parent must have legal custody.

b. In the case of a child who was illegitimate at birth, the child must not be legitimated, and it must be the mother who naturalizes. If the child is legitimated, s/he can derive only if both parents naturalize, or the non-naturalizing parent is dead.

c. Parent or parents must have been naturalized prior to the child’s 18th birthday;

d. Child must have been lawfully admitted for permanent residence before the 18th birthday;

e. Child must be unmarried;

f. Adopted child may derive citizenship if the child is residing in the U.S. at the time of the adoptive parent(s)’s naturalization, is In the legal custody of the adoptive parent(s), is a lawful permanent resident and adoption occurred before s/he turned 18. Stepchild cannot derive citizenship.

[thomasc 0]

Thank you for the clarification. I've waited this long anyway, what's another couple of years? hehe. Now reviewing my N-400.

Thank you Jojo92122 and Brother Hesekiel.