Introduction

Are you seeking U.S. citizenship through your father's naturalization? If your father obtained U.S. citizenship after you turned 18 and did not have full or joint custody of you, several legal and procedural hurdles may arise. This article will explore the nuances of U.S. Citizenship laws, focusing on the requirements for automatic citizenship and the possibility of obtaining citizenship through naturalization as an adult.

Understanding the Legal Requirements for Automatic Citizenship

Under the Immigration and Nationality Act (INA) Section 320, U.S. citizens can pass along citizenship to their minor children under the age of 18. However, this process is not always automatic and depends on several factors, including custody arrangements and the timing of naturalization. Here are the key requirements:

Legal Custody: The parent must have legal custody of the minor. This can be either sole or joint custody. Joint custody is sufficient for legal purposes. Physical Custody: The parent also needs to have physical custody of the minor. Physical custody is the practical reality of the child living with the parent. Age of the Child: The minor must be under 18 and living in the United States with a U.S. citizen parent. Timing of Naturalization: The U.S. citizen parent must naturalize before the child turns 18 and must have legal and physical custody during this period.

Your Specific Situation

Your father became a U.S. citizen after you turned 17 and you have been living with him since you were 10. While you have been living with your father, this does not necessarily fulfill the legal and physical custody requirements for automatic citizenship.

According to your description, it seems that your father did not have full or joint custody when he naturalized. If your father did not have any share of the custody at all, it would be a significant obstacle to automatic citizenship. Additionally, even if he had legal custody, physical custody is also necessary.

Since either the legal custody or physical custody requirement was not met, you did not get U.S. citizenship automatically. In such cases, you may need to file for naturalization as an adult if you meet the eligibility criteria. This process typically involves filing Form N-400, Application for Naturalization, and meeting the residency requirements.

Alternative Paths to U.S. Citizenship

While automatic U.S. citizenship is not possible under your circumstances, there are other pathways to obtain U.S. citizenship. One option is for your father to file a Form I-130, Petition for Alien Relative, on your behalf. This process can allow you to become a permanent resident and eventually naturalize. Some key steps include:

Filling out Form I-130 and submitting it to the U.S. Citizenship and Immigration Services (USCIS). Waiting for approval of the visa petition. Filing for a green card (Form I-485) if you are in the United States or seeking to immigrate. Await green card approval and move to the United States if necessary. After obtaining a green card, living in the U.S. and meeting the required residency criteria. Applying for naturalization and taking the citizenship test and oath.

Conclusion

While U.S. citizenship processes can be complex, understanding the legal requirements and exploring alternative paths can help. If you are looking to become a U.S. citizen, it is advisable to consult with an immigration attorney who can guide you through the process and ensure compliance with all regulations.