Dear Atty. Lou,
I just became a US citizen last May 18, 2010. I have a daughter who is 17 years old and she will be 18 years old on October 25, 2010. She is also a green card holder. Right now, she is in the Philippines and studying.
We became permanent resident last September 1, 2004 when my mother petitioned me as a single mother. My daughter went back to the Philippines last July 2006. She has a re-entry permit which expired last December 2008. After that, I let her come here in the US for every six months. Last December 16, 2009 up to January 8, 2010, she was living with me here in Los Angeles.
Now, my problem is her citizenship. Is she carried or does she need to file her separate application for naturalization? My relatives said that I have to apply her citizenship before she turns 18 years old. Please help me Atty. Lou.
Thank you and God bless.
MRM
Dear MRM,
Your child who is still below 18 years old derives citizenship from you. As a US citizen parent, you may file for a certificate of citizenship for your minor child.
The requirements for the child to be issued the certificate are: (1) at least one parent is a citizen of the United States, whether by birth or naturalization; (2)the child is under the age of 18 years; (3) the child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status; and (4) (a) the US citizen parent of the child must have been physically present in the United States or its outlying possessions for a period or period totaling at least five years, at least two of which were after the parent reached 14 years of age, or (b) the US citizen parents of the US citizen parent must meet the 5 years/two years physical presence requirement.
You may obtain a certificate of citizenship for your child by submitting an application on Form N-600 to the local USCIS office, together with the filing fee. The USCIS will then require the certificate of citizenship applicant, or the parent acting on the child’s behalf, to appear for examination under oath.
In the case of your daughter, the application must be filed soon so that the USCIS may act on the application before she turns 18 years old. If she is still in the Philippines, you may file on her behalf but that she has to appear during her examination. Your relatives are right when they informed you that you have to apply for her citizenship before she turns 18 years old. In the event that this application for certificate of citizenship is not filed before she turns 18 years old, then your daughter may still apply on her own behalf but should meet all the eligibility requirements including the physical presence requirement.
I hope this information is helpful.
Atty. Lou
(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
