Can I legally derive citizenship from my parents? 7 Answers as of August 03, 2011

I came to the u.s. in 1978 as an lpr at the age of 8. I was adopted by my stepfather in 1979 at the age of 9. My mother became a citizen in 1985 and my father in 1986. I was 15 and 16 at the time. Did I derive citizenship through my parents?

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Baughman & Wang
Baughman & Wang | Justin X. Wang
from your description of your situation you appear to be a US citizen when your mother became a US citizen.
Answer Applies to: California
Replied: 8/3/2011
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
You cannot "derive" citizenship from anyone unless you're born to a U.S. citizen or on U.S. soil. Even when your stepfather adopted you, he would have to have petitioned for you to become a permanent resident, then citizen. Your parents or stepfather can petition you right now if they wish.
Answer Applies to: Florida
Replied: 8/3/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
I answered your question previously. Please avoid multiple postings.
Answer Applies to: Nevada
Replied: 8/3/2011
Fong & Associates
Fong & Associates | William D. Fong
If you are referring to your "father" as your stepfather, a stepchild is not a child for citizenship purposes, only for visa purposes. However, an adopted child would qualify. Under former INA section 321, if you are an LPR under 18 and have both parents naturalize, you derive citizenship. Even though this section was repealed in 2001 with the passage of the Child Citizenship Act, if you derived under it, the claim survives. Consult with an experienced immigration attorney.
Answer Applies to: Texas
Replied: 8/3/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello, Yes, you may qualify. Since you are over 18, you will need to prove your parents residency. You can do this with the USCIS or with the Passport Agency.
Answer Applies to: California
Replied: 8/3/2011
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