I came to the United States with my parents three months after I was born. On my green card, it says that I have been a permanent resident since May 5, 1986. I'm still a permanent resident at the age of 21.
I always thought that if one of my parents were a citizen, I would automatically get my citizenship through them before I turned 18. I have been told that is not the case and that I still have to take the citizenship test just like an immigrant that has only lived in the states for only 5 years and that I would also have to go through the long process just like them. From the last time I checked, to take the test costs nearly $400, correct? Someone recently told me that they've already added another $250 on top of that, is that also correct? Is there any sort of waiver to take the citizenship test?
The Child Citizenship Act of 2000 (CCA of 2000) is the current law that sets forth the guidelines for children that were born outside the United States, but who automatically become United States citizens if certain criteria are met. This law came into effect on February 27, 2001. It can be found in section 320 of the Immigration and Nationality Act.
The CCA of 2000 states that a child is automatically a United States citizen when one parent is a United States citizen by birth or naturalization and the child is under 18 and is a lawful permanent resident at the time citizenship occurs. Also, the child must be residing in the United States in the legal and physical custody of the United States citizen parent. In other words, to be eligible for the automatic acquisition of citizenship under the CCA of 2000, the child must have been under the age of 18 on the date of passage and meet all of the other abovementioned requirements. It therefore appears you are qualified. If not, then the individual must follow the rules established by INA ยง 320 prior to the CCA of 2000.
If an individual is a United States citizen through the CCA of 2000, s/he may apply for a U.S. passport, which will evidence United States citizenship, or file Form N-600, Application for Certificate of Citizenship. If a person is not covered by the CCA of 2000, they must apply for Naturalization based on their own right. All applicants, with a few exceptions, are subject to the same citizenship test requirements. Generally, the exceptions are for applicants with certain medically determinable illnesses and those who meet certain age plus residency thresholds. Effective July 30, 2007, the filing fee for a Naturalization Application rose from $330.00 plus $70.00 Biometrics ($400.00 total) to $595.00 plus $80.00 Biometrics ($675.00 total).
There may be negative consequences for individuals who apply for a United States passport and are not eligible for it. As such, if you think you are a United States citizen by virtue of the CCA of 2000, you should consult with an experienced immigration attorney to review you and your family's immigration history to ensure that you are indeed a citizen.
Michael Shane and Evan Shane, Immigration Lawyers
Law offices of Michael Shane, P.A.,
Miami and Ft. Lauderdale, Florida.
www.shanelaw.com
-- Michael Shane
