Child Citizen Act of 2000

[OldUser 6,665]

2 minutes ago, Family said:

It does not matter where the child lived before entering as an IR in 1992, only that he lived with ( legal and physical custody) with the sole USC parent after entering as LPR.  
OPs husband is a USC

I was under impression it mattered whether the minor lived with the parent and had LPR status when parent naturalized?

[Family 3,988]

17 hours ago, Mike E said:

The child is residing in the United States pursuant to a lawful admission for permanent residence at the time the parent(s) naturalized or thereafter begins to reside permanently in the United States.”

The part that states ..”….or thereafter begins to reside permanently in the United States” covers OPs husband. 
 

[Family 3,988]

Just now, Family said:

17 hours ago, Mike E said:

The child is residing in the United States pursuant to a lawful admission for permanent residence at the time the parent(s) naturalized or thereafter begins to reside permanently in the United States.”

The part that states ..”….or thereafter begins to reside permanently in the United States” covers OPs husband.

This scenario is also my own immigration journey..so am not guessing. Only difference being that my I-130 and N-600 were as an adopted child.

[Family 3,988]

20 minutes ago, OldUser said:

25 minutes ago, Family said:

It does not matter where the child lived before entering as an IR in 1992, only that he lived with ( legal and physical custody) with the sole USC parent after entering as LPR.  
OPs husband is a USC

I was under impression it mattered whether the minor lived with the parent and had LPR status when parent naturalized

As long as surviving parent naturalized before child was 18 and child was admitted as LPR and began to permanently reside in the US with the sole parent before 18, then all conditions met. I think if you try reading that sentence with a pause on the “..or thereafter..” it may become clearer

[Adujarric 67]

2 hours ago, OldUser said:

You're saying your wife's mom didn't go through N-400?

Yes she did but 1 year before she petition for my wife. My wife wasnt even an LPR when her mom naturalized. After she naturalized is when she file the I-130 for my wife. 

[Adujarric 67]

7 minutes ago, Adujarric said:

Yes she did but 1 year before she petition for my wife. My wife wasnt even an LPR when her mom naturalized. After she naturalized is when she file the I-130 for my wife. 

Her mom naturalized in 2007 my wife entered the US as an LPR in 2008. 

[Mike E 11,739]

4 hours ago, Adujarric said:

Hey mike the weird thing about how that work is that my wife’s mom became a citizen then she petition for my wife who came in to the us as an LRP and she was derived citizenship through her mom. My wife was born in 1993. 

1993 or 1983?

Because I did write:

 

20 hours ago, Mike E said:

He was born before 1983, so he is too old for the child citizenship act of 2000.

 

 

 

4 hours ago, ikyang said:

I just saw his dad's Naturalization Certficate. He was naturalized in 1990 and my husband came to the US in 1992 actually.

Well lesson learned for me. Now there is lots of confusion. He's a U.S. citizen. Of course his mother's death certificate is needed.

 

I am out.

Edited March 11, 2023 by Mike E

[Mike E 11,739]

Oops didn't see that I was quoted in another comment.

 

3 hours ago, Family said:

The part that states ..”….or thereafter begins to reside permanently in the United States” covers OPs husband. 
 

I've no idea what Congress intended by "or thereafter".

 

3 hours ago, Family said:

This scenario is also my own immigration journey..so am not guessing. Only difference being that my I-130 and N-600 were as an adopted child.

Citizenship through adoption prior to CCA 2000 was a cluster and so not knowing more details, I think the fact you were adopted can make a big difference.  What year were you adopted and what year did did you

 

* enter the U.S. on your immigration visa or 

* have your I-485 approved

 

?

 

Citizenship through adoption became a mega cluster in 1995, and thank goodness CCA 2000 cleaned it up. But not for the adoptees who were born before 1983. They are going through hell, and if you were one of ones whose parents or lawyer knew about the Immigration and Nationality Technical Corrections Act of 1994, count yourself lucky.

 

It's on my to do list to watch https://en.wikipedia.org/wiki/Blue_Bayou_(film)

 

It's academic for OP's case, because contrary to the earlier assertion, the order of naturalization of parent vs greening of the child is now swapped. So I'm in violent agreement with you that OP is a U.S. citizen.

 

Proving it is now the hard part. I am convinced it should be illegal for parents with alien children under age 18 to naturalize without legal counsel appointed to represent the children. Thousands of adults today are too much of a citizen to file N-400 and too little to file N-600. And the U.S. passport agency jerks them around too.

Edited March 11, 2023 by Mike E

[Family 3,988]

2 hours ago, Mike E said:

I am out.

Noooooo, you are in too deep…😎
Appreciate the masterful edits w numbers, too.

[ikyang 1]

22 hours ago, Family said:

Your husband and his sister should both apply for a US passport, as they are indeed both citizens. Just gather dad’s Naturalization Certificate, mom’s death certificate, is possible copies of dad’s tax returns from 1992 to 1995 ( they will show your husband and his sister listed as dependents), school records for your husband for same period that show parent/ legal guardian and anything else like family leases, medical bills and photos that show same address. 
 

You can FOIA for the USCS/ DOS file from when father filed I-130 and will have a great deal of evidence there as well
 

The reason the sister’s N-400 was denied is because she and your husband are already US citizens. After their passports are approved, use the same evidence to file N-600

Thank you. My husband will apply for his US passport next week or so.

 

You all are very helpful thank you again. I will keep in touch with the outcome