Children over 18 got oath ceremony notice without interview

[Mike E 11,739]

1 minute ago, OldUser said:

Or still need to file N-400 (which they didn't) if their father naturalized after their birth 

All the kids were born after 1983. So assuming the father:

 

* is the biological father, and

* was  a U.S. citizen before the oldest kid reached age 18

* had legal and physical custody of each kid

* legitimated each kid

 

and assuming all kids were LPRs before they reached age 18, then under the terms of child citizenship act, each kid would automatically be a U.S. citizen, provided all the necessary conditions overlapped in time.

 

 

[OldUser 6,647]

49 minutes ago, Mike E said:

All the kids were born after 1983. So assuming the father:

 

* is the biological father, and

* was  a U.S. citizen before the oldest kid reached age 18

* had legal and physical custody of each kid

* legitimated each kid

 

and assuming all kids were LPRs before they reached age 18, then under the terms of child citizenship act, each kid would automatically be a U.S. citizen, provided all the necessary conditions overlapped in time.

 

 

Thank you, Mike. Not sure how would oath ceremony would be relevant for the kids in this case?

Edited July 29, 2023 by OldUser

[Mike E 11,739]

23 minutes ago, OldUser said:

Thank you, Mike. Not sure how would oath ceremony would be relevant for the kids in this case?

The point is that their are U.S. citizens today who were born, abroad, became LPRs and not need to file N-400.  

[Marrienne 112]

On 7/28/2023 at 3:22 PM, Timona said:

 

Aaa I missed that. 

 

Well, in that case, those kids petition are mute. They only, automatically, became citizens if mom naturalized before kids turn 18. 

 

 

Small correction: it is not "automatic". They are eligible to file for naturalization as "derived from a parent". There is still paperwork to be done and cases to be filled. Just like if you had a baby with a US citizen in another country, you had to do some paperwork to get the baby a US citizenship. Same with children whose parents became citizens before their 18th bday. 

According to my lawyer, it is a misconception it is an "automatic" process

[Mike E 11,739]

34 minutes ago, Marrienne said:

Small correction: it is not "automatic"

I have to see a case where a U.S. citizen filed N-400 and was not denied.

 

How about you?

[Marrienne 112]

22 minutes ago, Mike E said:

I have to see a case where a U.S. citizen filed N-400 and was not denied.

 

How about you?

I am not saying it was denied

I am saying there is paperwork that needs to be done to get the kids to be citizens.

 

As in, you send in paperwork to prove your citizenship status and their info and ask that they are declared US citizens through derision.

Then you must send in their green cards and get them passports. They won't be denied but the system won't automatically list them as citizens. You must do the legwork

 

[Mike E 11,739]

51 minutes ago, Marrienne said:

I am saying there is paperwork that needs to be done to get the kids to be citizens

If only it was that simple.

 

It is not.

 

There is paper work to be filed to recognize the kids as U.S. citizens.

 

And until that paper work is submitted and approved, the kids are LPRs who are citizens, yet cannot file N-400.

 

There will come a time when USCIS will deny these kids I-90 applications. 
 

It is a tragic situation, which Congress intended. CCA 2000 is arguably an Act of Evil.

 

 

Edited August 4, 2023 by Mike E