Rules for derivative citizenship in U.S.
Man shot in neck in 14th St. station
QMy father, a U.S. citizen, petitioned for me and I came over as a permanent resident a month before I turned 18. Can I nevertheless claim U.S. citizenship through my father? Can I get a U.S. passport?
Sofia
AIf your parents were married or you were born in a country that treats a child born out of wedlock as “legitimate,” you are a U.S. citizen. You can get a U.S. passport and you can also get a Certificate of Citizenship. If you derived U.S. citizenship from your father before turning 18, you are a citizen no matter your current age.
Let’s review the rules for derivative citizenship. Permanent residents not yet 18 on Feb. 27, 2001, or born after, derive U.S. citizenship if at least one parent is a U.S. citizen by birth or naturalization, or the child is unmarried and not yet age 18 or the child is residing in the United States in the legal and physical custody of the citizen-parent.
Under less generous rules, a permanent resident child who was already age 18 on Feb. 27, 2001 derived U.S. citizenship upon the naturalization of a parent if: the other parent was or became a U.S. citizen before the child turned 18; the child is illegitimate, and the parent naturalized was the mother; the child’s other parent was deceased; the parents were divorced or separated and the parent being naturalized had legal custody of the child following the divorce or separation.
Children born illegitimate and not legitimated before age 18 cannot derive U.S. citizenship from a U.S. citizen father. Adopted children can derive from a U.S. citizen parent, stepchildren cannot.
Under either set of rules, the order of events makes no difference. If a child is a permanent resident and under 18, and then the parent or parents naturalize, the child gets automatic derivative citizenship.
If the parent or parents naturalize and then the child gets permanent residence before turning 18, the child becomes a U.S. citizen the moment he or she becomes a permanent resident.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! p ro j e c t . Email questions@allanwernick.com. Follow him on Twitter @awernick.
A man was shot in the neck in a Greenwich Village subway station Sunday night — but managed to walk to a nearby hospital, cops said.
The 24-year-old victim was struck by gunfire as he stood on the platform for the northbound No. 1, 2 and 3 trains at the 14th St. and Seventh Ave. station just before 6 p.m.
He had enough strength to walk to the nearby Lenox Health Greenwich Village, police said. The man is expected to survive his wound, an NYPD spokesman said. Cops were hunting for the shooter Sunday night.