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USCIS Act 322 Process and application

Land O Lakes, FL |

My mother became a naturalized American Citizen before I was 18. I'm now 29, under Act 322 I was told by a service member of USCIS that I was able to apply for citizenship through my biological mother. I have been a permanent resident since 1995. She has lived legally in the US as a green card holder since '69 and became a US citizen in the late 90s, I however was born outside the US in Costa Rica in84. Under Act 322 passed in 2001 by the US government it seems I can still apply, I was asked various questions about the matter by the agent and was told I fall under the requirements. The agent said I could easily apply for the N-600 form
(Citizenship certificate) or directly apply for a US passport. I have documents necessary to prove my legal status and mothers citizenship. What can I do?

Attorney Answers 8

Posted

You have derivative citizenship because you meet the requirement.

The information on this website is not intended to be legal advice.

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Asker

Posted

Mr. Chong Hae Ye, Thank you for your response to my question. You stated that I meet the requirements to apply through citizenship through my mother. What documentation must I present in order to apply for a US passport? Where do I apply? At a local US postal office? What documents would I need to present on my mothers side and what documents must I present on my side?

Chong Hae Ye

Chong Hae Ye

Posted

Go to the post office or follow the link on to apply for a U.S. passport: http://travel.state.gov/passport/passport_1738.html It should provide information on how to obtain a U.S. passport.

Posted

If you were in the US in valid status when your mother naturalized, your options are to file an N-600, or to apply for a passport.

The Court of Appeals for the Eigth Circuit has stated that "immigration laws and precedents are complex."

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

When your mother became a citizen of the US, you acquired derivative citizenship through her. Therefore, you can apply for either a Citizenship Certificate and/or a US passport. They each have different benefits and prove that you are a US citizen. However, sometimes when you apply for the passport without the naturalization certificate the Department of State might ask that you submit yourself to a DNA test for parentage purposes. I suggest you consult an attorney, you may find one by visiting www.aila.org

Good luck.

The information contained on this page is for educational and informative purpose only. This response does not constitute legal advice. The readers of this information should not act based solely based on information contained herein. Answers can only be general, as specific responses can only be provided with full knowledge of case facts.

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Posted

It is best to file for both the certificate of Citizenship with form N-600 and the U. S. Passport. The law went into effect in 2001. This means that if you were 18 on a date specific in February of 2001, then you can derive Citizenship from one parent if you were lawfully admitted as a permanent resident before you 18th birthday.

This is general information, not legal advice, and does not create an attorney client relationship.

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Asker

Posted

Mr. Dixler I appreciate your response to my question. I was under the age of 18 in 2001. I became a legal US resident in 1995 at the age of 11 and have been a legal residence since. My mother became a citizen in 2000. My question now is if I apply for a US passport first what documentation must I present on my side and my mothers? Where must I apply? Could I apply for a US passport at a US embassy outside the US? Thank you for your help.

Posted

You may wish to have an attorney review your documents to make sure that everything is in order. Competent immigration attorneys can be found through the American Immigration Lawyers Association. I have provided below a link from AILA that you may find useful in looking for an attorney. I have also provided below a link to Form N-600 and its instructions. You may wish to review carefully what is in the instructions or, as I suggested, have an attorney review your case just to make sure that everything is in good order.

This answer is for general information purposes only and does not create an attorney/client relationship. You should seek qualified immigration legal counsel who can review your case in depth and provide you with advice specific to your situation. To schedule a free initial consultation with Attorney Kevin D. Slattery, call +1-813-839-7474 or email him at kslattery@slattery-law.com.

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Posted

it would be wise to apply for citizenship if you are eligible for it. There are multiple provisions for child citizenship. Contact an experience immigration attorney if you need help with this. Best Wishes!
Lalita Haran
(317) 660-6174
www.haranlaw.com

Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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Posted

Apply for a US passport as a derivative of your mother's citizenship.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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Thank you for your help attorney Gupta. I would like to ask a question regarding your answer. How can I apply for a US passport as a derivative of my mother's citizenship. What documentation must I bring? and where can I apply? At a local postal service office? I await your response.

Anu Gupta

Anu Gupta

Posted

Please schedule a consultation if you need legal help.

Posted

The agent provided you with correct information.

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