More details to this question:
Person was 17 years old (came in US when 12) when one of the parents (father) got naturalized after living in US for 10 years or more. (His mother got naturalized 2 years later.) And prior to his fathers naturalization, the person had a green card, lived there with his parents, attending high school..etc.. However, he was not physically present in the US at the time of his fathers ceremony, but came later as a LPR. He was in his home country and did not get naturalized automatically. The person is currently abroad, GC expired 2013. Father got naturalized Aug 2001. Person was born in 1984. Based on the fact that he was less than 18, when his father got naturalized citizen, does he qualify for citizenship (Naturalization of Parents ("Derivation")? Is there any grounds for that now? Or is it too late? Thank you.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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It would appear under the circumstances that you describe that the person could be a U. S. citizen if he was physically living with his father at the time that he came into the U. S. and his father had legal custody. If so, he can either make an application for a certificate of citizenship on form N-600 or apply for U. S. passport. It is not a requirement that he be physically present in the U. S. at the time of his father’s ceremony. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 15th, 2015 at 2:57 PM