Deriving Citizenship requirment

[Joe2016 0]

hello. I am a green card holder my father got his citizenship when i was 8 but the first time i entered the united states and got my green card i was 20 years old.

can i apply for citizenship because my father is citizen, or i can`t do that because i came to the united states too late ?

thanks

[Petulc 28]

Hello! 

Has he petitioned for you?

[Joe2016 0]

yes 

24 minutes ago, Petulc said:

Hello! 

Has he petitioned for you?

yes

[Jojo92122 1,924]

You can not derive US citizenship from your father.  You were 20 when you got your green card, so you do not meet the requirements of the Child Citizenship Act.

 

You can apply for citizenship after having a green card for 5 years.

[aleful 1,905]

hi

 

as said, you don't qualify, you had to enter the country before you were 18 to derive citizenship

 

you will need to take the exam, 90 days before your 5th year of being a green card holder, you can apply for the N400

 

 

[Joe2016 0]

lawyer told me that I need to prove that my father got his US citizen before I turn 18 and it doesn`t matter when i came to to US that`s why i ask  

Edited April 27, 2017 by Joe2016

[Jojo92122 1,924]

The lawyer is wrong.

 

You should Google the 4 requirements of the CCA for yourself.

[Joe2016 0]

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

I did that already but I found that the child must be under 18 years, but I don`t know if it must be under 18 when the parent naturalized or when the child resided. 

 

the lawyer told me that you must be younger than 18 when your father naturalized doesn`t matter when you got your green card

Edited April 28, 2017 by Joe2016

[Jojo92122 1,924]

1 minute ago, Joe2016 said:

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

I did that already but i that the child must be under 18 years, but I don`t know if it must be under 18 when the parent naturalized or when the child resided. 

You need to meet all 4 conditions at the same time. 

 

To derive US citizenship from your father, you must be 1) under 18 AND 2) have a USC parent AND 3) live with the USC parent AND 4) be an LPR.  You NEVER met these conditions on any day when you were under age 18.

 

 

 

 

[Petulc 28]

Hello!

 

It is to my understanding that the age "freezes" when the petition is approved.

However, please don't take my word for it, as I might be mistaken. 

The previous comments are very clear.

 

Good luck!

 

[Jojo92122 1,924]

15 minutes ago, Petulc said:

Hello!

 

It is to my understanding that the age "freezes" when the petition is approved.

However, please don't take my word for it, as I might be mistaken. 

The previous comments are very clear.

 

Good luck!

 

You are mixing up the CSPA rule concerning immigrating vs. citizenship.  Immigration and citizenship are two different things.  There is no age freezing for citizenship.  Age freezing for an immigration petition has nothing to do with citizenship.  CSPA freezes age for immigration purposes only.

[Joe2016 0]

i`m asking in the post office and they told me that i can apply for the passport, and if i wait for 5 years i will do the same process after 5 year and i`m eligible to derive citizenship from my parents because my dad naturalized before i turn 18 and i have a green card " no matter when i got my green card" 

I applied for the passport guys!!

[NigeriaorBust 4,087]

 Would this raise to false claim to citizenship ?