Legal Question in Immigration Law in California
my mother is legally separated/divorced with my father and became a naturalized usa citizen in 1992. i came from the philippines in 1993 to the usa with a green card due to my mother's petition. she has legal sole custody of me and my brother. i turned 18 before february 27, 2001 (child citizenship act of 2000) and never left usa soil until 2012 when i went on vacation. am i a citizen through my mother (derivative) or should i apply to gain citizenship on my own? thanks in advance!
2 Answers from Attorneys
You should apply to become a citizen.
Most people who think they are eligible for derivative citizenship are not. If you file & it turns out you are not eligible, then you lose your filing fee. It's easier, in my opinion, to just file for naturalization on your own with Form N-400 (see www.uscis.gov & click on "forms").
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