I'm 15 years old. Can I get expedited naturalization?

April 25, 2011 - PRLog -- Can I get a Certificate of Citizenship?

Question: I am 15 years old and heard there are certain ways that I can obtain a certificate of citizenship in order to be a U.S. Citizen. Is this true?

Answer: There are different ways that you can obtain citizenship, but one very nice way is under section 322 of the Immigration and Naturalization Act. It is referred to as Expedited Naturalization of Children.

Question: What is section 322 of the Immigration and Nationality Act?

Answer: Children of USC's who did not acquire citizenship at birth abroad or derive it through naturalization of their parent(s) may still obtain a certificate of citizenship upon application of the USC parent if: (1) one parent is a USC; (2) the child is temporarily physically present in the U.S. pursuant to lawful admission and is in status; (3) the child is under 18; and (4) the child is residing outside the U.S. in the legal and physical custody of the USC parent who has been in the U.S. five years, two of which were after her/his 14th birthday.

Question: What if I satisfy every single element, except my parents do not have the necessary amount of physical presence?

Answer: A citizen parent who has not been physically present in the U.S. for five years, two of which were after his or her 14th birthday, may also obtain a certificate for her/his child if: (a) the child is under 18, is presently in the U.S. pursuant to lawful admission, and is an LPR; or (b) the child is under 18, is present in the U.S. pursuant to lawful admission, and a grandparent (parent of the USC parent) has been physically present in the U.S. for five years, two of which are after the grandparent’s 14th birthday.

Thus, you can use the physical presence of a U.S. Grandparent in lieu of the physical presence of your parent. The child remains eligible through a grandparent even if the grandparent is deceased if the child met all other requirements of §322 and the grandparent met the physical presence requirement at the time of death.

Question: What if my parent has died?

Answer: A child may obtain a certificate if his or her parent is no longer alive if the citizen parent died within five years of filing the application and there is a citizen grandparent or legal guardian.

Question: What if I am adopted?

Answer: If the child is adopted, the child must have been adopted prior to 16 (unless the child was a natural sibling of an adopted child and was adopted while under 18 pursuant to PL 106-139) and must meet all of the requirements for an adopted child or orphan.

Question: What if I was born out of wedlock?

Answer: A child born out of wedlock who has not been legitimated is also eligible for a certificate when the mother becomes a naturalized citizen.

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