Can a child admitted as IR2 ( under CSPA) who is now over 21 years old can derive citizenhip after birth from parents uner INA 320?

[jrj_ph 3]

Hi! I just wan to ask if a child is eligible to derive us citizenship from parents under INA 320 ( Derive citizenship after birth)  if he/she has the ff:

1. The child is under 18 yrs old when his/her mother becomes citizen (but the child still residing outside US at this time)

2. The child was petitioned by us citizen parent when he/she was 20 yrs old.

3. The child was under CSPA when he/she applied for immigrant visa.(due to unforseen events, petition went long)

4. The child is a lawful permanent resident at age of 25, IR2.

[SusieQQQ 11,587]

No.

[jrj_ph 3]

1 hour ago, SusieQQQ said:

No.

So, he/she needs to wait for 5 years as green card holder before he/she can apply for citizenship??

[SusieQQQ 11,587]

4 hours ago, jrj_ph said:

So, he/she needs to wait for 5 years as green card holder before he/she can apply for citizenship??

Yes

[Jojo92122 1,924]

No.  Must be under age 18 when he gets a green card in order to derive citizenship from a parent.  There are no exceptions.  

 

CSPA has nothing to do with US citizenship.  CSPA only applies to immigration.  Immigration and US citizenship are completely different things.  You can not mix unrelated rules to come up with what you did.  

[jrj_ph 3]

4 hours ago, Jojo92122 said:

No.  Must be under age 18 when he gets a green card in order to derive citizenship from a parent.  There are no exceptions.  

 

CSPA has nothing to do with US citizenship.  CSPA only applies to immigration.  Immigration and US citizenship are completely different things.  You can not mix unrelated rules to come up with what you did.  

Thank for all the replies!!!