Citizenship Eligibility?? (merged)

[gabi333 1]

Yes, as I explained there, he is abroad and he is not an LPR at this time.

I am not sure does this current situation change anything or he theoretically could have this right. His father got naturalized in August 2001 (Nationality chart - Derivative US Citizenship). What is your opinion on this?

[JimmyHou 611]

Yes, as I explained there, he is abroad and he is not an LPR at this time.

I am not sure does this current situation change anything or he theoretically could have this right. His father got naturalized in August 2001 (Nationality chart - Derivative US Citizenship). What is your opinion on this?

He became a US citizen when his parent naturalized.

He'll need to gather enough evidence to prove everything you've said, but once that's done he can go to the nearest US consulate and apply for a passport.

[annjadora 2]

He must do I 130 petition, he should

apply for re-entry prior to leaving the

US, Atter 1 year he could have entered

with prrof he was studying, at the 2 years

mark he abandoned his residency.

He cannot get automatic citizen after

he turned 18 . His parents should have

done so when they naturalized when he

was under 18.

[gabi333 1]

And what do you think about Derivation of Citizenship?

Note: There is no deadline when applying for documentation of derivative citizenship. Derivation happens automatically and requires only verification of the evidence. cliniclegal.org

[Boiler 45,670]

And what do you think about Derivation of Citizenship?

Note: There is no deadline when applying for documentation of derivative citizenship. Derivation happens automatically and requires only verification of the evidence. cliniclegal.org

That was what I was wondering, hence my question.

They naturalised 13 years ago, he obtained or renewed his GC 12 years ago, something does not add up.

[gabi333 1]

I wrote also here about that

http://www.visajourney.com/forums/topic/544911-citizenship-eligibility/#entry7576270

Is it possible, what do you think?

Yes, he renewed his GC in 2003, he was 17 when his father got naturalized in Aug 2001, he was there prior to that, he had GC, attending high school and everything. He has all the evidence ( 2 green cards, HS diploma, old passports with entering stamps...etc..) He did not got naturalized because he later left to his home country to study. We did not know it could be automatically.. that is why I asked what to do with this situation and I-130.. We just today read about deriving citizenship from parent..

What do you think about this all? Is there any legal grounds for this? Thanks to all of you.

[Ontarkie 14,280]

~~Related thread merged. Please keep it to one thread as it helps members to see all the questions you have rather then a bit here and there.~~

[gabi333 1]

Thank you! I came here to ask for advice on best procedure to go back (I-130) and then I found information related to possible derivation of citizenship. Sorry.

[JimmyHou 611]

He must do I 130 petition, he should

apply for re-entry prior to leaving the

US, Atter 1 year he could have entered

with prrof he was studying, at the 2 years

mark he abandoned his residency.

He cannot get automatic citizen after

he turned 18 . His parents should have

done so when they naturalized when he

was under 18.[/quote

I may have to OP's information mixed up, but assuming the person in question was a permanent resident living in the US with his parent and his parent naturalized before he turned 18, then he is a citizen regardless of what happened after that day. He became a USC when his parent naturalized. It was automatic; his parents did not have to do anything for him to become a citizen; that's why it's called automatic citizenship. Just because he never got a passport doesn't mean he is not an American. He never abandoned his green card when he left because he was no longer a permanent resident the moment he became a citizen. He did not lose his American citizenship when he left the U.S.

There's bo application, not natiralization, he just instantly became a citizen. When he renewed his green card in 2003 he should have been denied because he was already a citizen but mistakes happen and USCIS may not have realized he was no longer a permanent resident.

Edited April 16, 2015 by JimmyHou

[gabi333 1]

I have asked few (free) lawyers and they confirmed. Now I am confused. What to do?

[apple21 953]

Go follow JimmyHou's advice. Post# 17