Results 1 to 4 of 4
  1. #1
    Join Date
    May 2009
    Posts
    2

    Default Am I an Alien or a Citizen

    Here's my case'

    I came to the U.S on a green card. My father is a naturalized u.s. citizen. Around 1996 he approached the USCIS and they had told him that the only way I(myself) can become a citizen is to file for a LPR and go through the whole process to become a citizen.

    So in 2005 he had filed for it and I got my LPR in 2007.

    About last month he was talking to an attorney and he said I(myself) am qualified as he(my father) has resided in the U.S. for more than 10 years and that automatically qualifies ME for a DERIVATIVE CITIZENSHIP i.e. to acquire a citizenship through a naturalized u.s. parent.

    I filed for a passport and after going through a 'discussion' for couple of hours with the officer I was finally issued my passport.

    Now my question is what should I do with my Green card? do I need to inform the USCIS about my new status..? If I need to travel outside the country will I still be able to use my green card (just curious)..? Will the system automatically update itself about my new status...?

    I also understand that the U.S. Supreme court holds that a u.s passport holder is a lawful u.s. citizen.

    Appreciate any help guys....

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Am I an Alien or a Citizen

    Regarding derivative citizenship:

    If your child is unmarried, under 18 and a permanent resident, when you naturalize, your child automatically becomes a citizen. If your unmarried child is under 18 and not a permanent resident when you naturalize, he/she will automatically derive U.S. citizenship the moment he/she becomes a permanent resident.

    http://web.cuny.edu/about/citizenshi...%20Citizenship
    How old were you when your father naturalized? Were you already here before he naturalized?

    Since you were issued a passport, it sounds to me like you have indeed acquired citizenship. Check with an immigration attorney anyway regarding disposition of your Green Card.

  3. #3
    Join Date
    May 2009
    Posts
    2

    Default Re: Am I an Alien or a Citizen

    Thanks law researcher missy.

    I wasn't even born when my father naturalized. But reading from the article I understand I am qualified and since it holds true I have been issued the passport by the state department.

    But any suggestions to what I should do with my Green card...? should I inform USCIS about my status or just consult an attorney..?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Am I an Alien or a Citizen

    Talk to the attorney. I'm pretty sure there's a specific procedure for giving back your Green Card and/or notifying USCIS, but I haven't the foggiest notion how one might go about that in your situation.

    Now that you have your passport, you don't need your Green Card anymore, so don't try to use it. Use your passport.

    1. Sponsored Links
       

Similar Threads

  1. Alien Mother of U.S. Citizen Child
    By L3iD3 in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 04-16-2010, 02:37 PM
  2. Citizen Married To Illegal Alien
    By Suntot in forum Immigration Issues
    Replies: 2
    Last Post: 03-09-2009, 01:49 PM
  3. Marriage: US Citizen Married to Illegal Alien
    By mothernature in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 02-03-2009, 08:48 AM
  4. Marriage: US Citizen Wants To Marry Girlfriend Who Is An Illegal Alien
    By fc22 in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 02-24-2008, 12:41 PM
  5. Marriage: Divorced alien and a citizen want to get married
    By mikej1592 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 02-22-2006, 03:13 PM
 
 
Sponsored Links

Legal Help, Information and Resources