Did you know that you may be eligible to apply for U.S. citizenship if you have a U.S. citizen parent even if your U.S. citizen parent has not been physically present in the U.S.?
To be eligible:
1. You must not be not married;
2. USCIS must administer the Oath of Allegiance to you before reaching 18 years of age;
3. You regularly reside outside the United States;
4. You are in the legal and physical custody of your U.S. citizen parent;
5. Your U.S. citizen parent has been physically present in the United States for a period or periods totaling at least five years, at least two of which were after 14 years of age.
6. If your U.S. citizen parent does not meet the physical presence requirement, the U.S. citizen parent’s own U.S. citizen parent (your grandparent) has to have been physically present in the United States for a period or periods totaling at least five years, at least two of which were after 14 years of age.
In cases where the U.S. citizen parent died in the preceding five years, and Form N-600K has been properly filed on behalf of the child by the U.S. citizen grandparent or by the U.S. citizen legal guardian, the child does NOT have to be residing in the legal and physical custody of the person as long as the person who has legal and physical custody of the child does not object to the Form N-600K; and
7. You are temporarily present in the United States at the time of interview in a lawful status pursuant to a lawful admission.
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This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.
Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States.
