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I have a permanent residence immigration, citizenship related question. My permanent residence card expired a few months ago,.

White Plains, NY |

Without my realization..However, my mother became a citizen more than 5 years ago. My age is 31. I read/heard somewhere that if a parent attains U.S. citizenship , than any or all of the children, residing in the U.S also automatically acquire U.S. citizenship..If I am correct? We reside in the same address/household. I have been a permanent resident for over 10 years.. Does her citizenship have any bearing on whether I can already attain or have already attained citizenship or do I have to apply for citizenship mysefl seperately? Also, my dads permanent residence card expired a few months ago also..And he was married to my mother in South America. But he misplaced his permanent residence card. Do I and my dad still have to apply seperately for U.S. citzenship? What forms? TY

Attorney Answers 3

Posted

Since you were over 18 when your mother became a citizen you must apply separately for you own naturalization -- Form N-400.. You also simultaneously apply to replace your permanent resident card -- Form I-90.
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Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
website: www.immigrateme.com

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

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Posted

Just because your actual permanent residence card expired it does not follow that you are not a lawful permanent resident. If you are in the United States, file an I-90 application to renew your green card. Since you have been a green card holder for 10 years, you are likely eligible to file for citizenship on your own by filing an N-400. My colleague is right in stating that you would not be able to automatically acquire United States citizenship based on your age. If you have any concerns or questions, it would be good to consult with an immigration attorney.

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Posted

I agree with my colleagues and add that you and your father must fill out and submit separate N-400 forms for citizenship. Also just so you know, from the information you've given it appears that your father is eligible in two different ways to apply for citizenship: 1) as someone who has been married to a US citizen for at least 3 years, or 2) an LPR whom it appears has resided in America for more than 5 years (you didn't state whether your father has been here continuously for five years with LPR status, but I'm assuming that from the wording of your question).

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