If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

1) QUESTION:

I am a permanent resident. I got my green card through my employer four years ago. My wife is a US citizen and I have been married for three years. Can I apply for US citizenship now based on my marriage to a US citizen or do I have to wait until I have had my green card for 5 years?

ANSWER:

As long as you meet the other requirements, you can apply now. A permanent resident who gets their green card through employment is still eligible to apply for citizenship through naturalization based upon marriage to a US citizen for three years.

How the person obtained their residence is not relevant. To meet the three-year rule a) the person must have been a permanent resident for at least 3 years, b) they must have been married to a US citizen for the past 3 years, c) the spouse must have been a US citizen for the past 3 years, and d) they must have been living together for the past 3 years. The applicant must also meet all other requirements, such as the continuous residence requirement, the physical presence requirement and the good moral character requirement.

2) QUESTION:

My daughter is 15 and she is getting her permanent residence card soon. I heard there was a law for kids who are under 18 that makes them eligible for citizenship. How does my daughter become a US citizen?

ANSWER:

There is such a law. It is called the Child Citizenship Act of 2000, or CCA for short. The CCA allows for children of US citizens to automatically become US citizens as well. Under the CCA, a child automatically becomes a US citizen if they met all of the following requirements at the same time on or after February 27, 2001 (the date the CCA was enacted):

1) They are under 18;
2) They are a US Legal Permanent Resident (green card holder) living in the US;
3) At least one parent is a US citizen either by birth or naturalization (this does not include step-parents); AND
4) They are living in the physical and legal custody of their US citizen parent.

If all these requirements are met at the same time, then the child automatically becomes a US citizen. There is no need to file any application. The child can apply for a Certificate of Citizenship or a US Passport as proof of their citizenship, but they are still citizens even if they never apply for these documents.

So for example, if the child is under 18 and living in the legal and physical custody of their US citizen parent, then as soon as their green card application is approved, they will automatically become a US citizen. Alternatively, if the child is a permanent resident under 18, and it living in the legal and physical custody of their parent who is a permanent resident, then on the day that the parent is sworn in as a US citizen, the child automatically becomes a US citizen as well.

Children who are abroad cannot automatically obtain citizenship through the CCA, but the CCA also has a section that allows for a US citizen parents to apply for a Certificate of Citizenship for their child who is abroad, where certain requirements are met. But that will have to be the subject of another post.

For those children that are not eligible to become US citizens under the CCA, they must wait until they are 18 before they can file their own application to become a US citizen through naturalization.

< Back | Index | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.