immediate citizenship once on US soil???

[bobototokoko 0]

hello,

a relative of mine petitioned for his dauhther under the IR-2 category to come to the USA she is now 20 years old. the father became a US citizen after she was born.

is she entitled to immediate citizenship or will she need to be a resident for 5 years to acquire it?

thank you

[Hypnos 6,578]

How old was she on the day she entered the US?

[HollyGolightly 72]

If she had entered the US and became an LPR before she turned 18 she could have benefitted from her parent/father's naturalization through derivative citizenship provided she's in his legal and physical custody.

With the facts you mentioned, it does not appear that she will qualify for derivative naturalization since she is beyond the statutory age. Before 2001, the statutory age was 21. When she enters the US she will have to get naturalized in her own right and comply with the residency requirement.

[bobototokoko 0]

How old was she on the day she entered the US?

If she had entered the US and became an LPR before she turned 18 she could have benefitted from her parent/father's naturalization through derivative citizenship provided she's in his legal and physical custody.

With the facts you mentioned, it does not appear that she will qualify for derivative naturalization since she is beyond the statutory age. Before 2001, the statutory age was 21. When she enters the US she will have to get naturalized in her own right and comply with the residency requirement.

thank you both for your replies...

the daugther was born in 1994

the dad became a US citizen before she turned 18

the daugther entered the US when she was 20 years old (she will turn 21 on January 2015)

[Hypnos 6,578]

Then unfortunately she will have to apply for citizenship in her own right, and did not automatically receive it through her father.

[bobototokoko 0]

Then unfortunately she will have to apply for citizenship in her own right, and did not automatically receive it through her father.

If only he shoulda coulda woulda ........thanks for the info