Kids don't need citizenship papers
Sunday, July 29, 2007
ALLAN WERNICK


When a child gets U.S. citizenship automatically through his parents, must he file any special form? My wife and I will be applying for citizenship. We have two sons, ages 12 and 15, who are permanent residents.

-- Ash, Charlotte, N.C.

Your sons need not file any forms to claim their U.S. citizenship. Under current law, a permanent-resident child under age 18 gets derivative citizenship automatically upon the naturalization of one parent. The only exception is where the naturalizing father is not the legitimate parent of the child. If the citizen children want proof that they are citizens, they can get U.S passports. Or, if they want, they can get certificates of citizenship issued by the U.S. Citizenship and Immigration Services.

Selective Service

My fiance never registered with Selective Service. Can he still get U.S. citizenship? My fiance has had his green card now for almost 10 years. He came to the United States at age 20. He is now 30. He applied for naturalization in 2004. The USCIS naturalization examiner denied his application for failure to register with Selective Service. He told the examiner that he was unaware of his obligation, but his file contained a document he signed when getting his immigrant visa advising him that he had to register. What can he do now to become a U.S. citizen?

-- Nadia, Fort Lauderdale, Fla.

Once your fiance reaches age 31, he qualifies to apply to naturalize. Here's why: A naturalization applicant must prove that he or she has been a person of good moral character in the five years before applying. He need prove only three years good moral character if he was a permanent resident living with and married to the same U.S. spouse for those three years. The USCIS believes that failure to register with Selective Service shows a lack of the good moral character necessary to naturalize. Since a man can't register after turning 26, the USCIS considers a man who failed to register to have attained the necessary good moral character when he turns 31. A man qualifies at age 29 if he is applying under the special rules for the spouse of a U.S. citizen.

Men who are not yet 26 can register late, and usually USCIS citizenship examiners will forgive the failure to register.

A man who is already 26 who hasn't registered has a couple of choices. He can wait until he turns 31 (or 29), and the USCIS will naturalize him.

Or, he can apply to naturalize before turning 31 (or 29), as your fiance did, and try to convince the naturalization examiner that he was unaware of the obligation to register. When that attempt fails, as it did with your fiance, the man simply waits until he has the necessary years of good moral character and applies again.

Send questions and comments to Allan Wernick c/o King Features Syndicate, 300 W. 57th St., New York, NY 10019. His Web site is: www.allanwernick.com.

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