QUESTION

Is it true that if she filed for her citizenship, she can petition for me by filling out n-600 form where I will automatically become a citizen?

Asked on Mar 15th, 2014 on Immigration - Utah
More details to this question:
I’m 17 and few months old. My mother has been a permanent resident for a long while (about 11 years). I came here in 2006 when I was 10 years old. I over stayed my welcome and was unaware of the consequences.
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4 ANSWERS

You can only automatically become a US citizen if you have already been a permanent resident. If you are not a permanent resident yet, then your mother would have to petition you for permanent residence once she is a US citizen.
Answered on Apr 09th, 2014 at 11:55 AM

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If you live with your mother, and she becomes a citizen before you turn 18, you will become a U.S. citizen at the same moment. Even if her naturalization happens a little bit later, you might still get the citizenship because the law extends the deadline by the length of time her naturalization application will be in processing. But your mom should file the application without delay: if you miss the deadline by a day, it will take years and a very difficult process to make you legal.
Answered on Mar 19th, 2014 at 3:49 AM

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You can become an automatic US citizen on the basis of your mother's naturalization if you have a green card and are physically living in the custody of your mother. Otherwise, your mother can petition for you on form I-130 and you can concurrently apply for adjustment of status on form I-485 when she becomes a US citizen. Both forms must be filed with USCIS before your 21st birthday.
Answered on Mar 17th, 2014 at 12:25 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
1 Award
Yes, you may be eligible for "derivative citizenship" at the same time your mother applies for her own citizenship. You'll need to speak with an immigration attorney to find out if you specifically qualify. One important factor is whether your mother has legal and physical custody of you or if your father is a citizen. Many attorneys offer free consultations so it is a good idea to seek advice to discover if you specifically qualify.
Answered on Mar 17th, 2014 at 10:10 AM

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