Immigration Law WeeklyAugust 26, 1996
I am a Canadian citizen with F-1 status in the United States. My father, who has been in the United States for over fifteen years, has recently acquired dual citizenship (Canada and U.S.). I am 22 years old and will be a student here for another two years. How can I acquire dual citizenship? Can my father apply for my naturalization without adversely affecting my Canadian citizenship and/or F-1 status? Can I apply as an adult child of a U.S. citizen?
You appear to have mistakenly equated the term "naturalization" with permanent residence. Your father cannot "apply for your naturalization". He can only petition you for permanent residence. As you are over 21, you would no longer be eligible under the "immediate relative" category). You would have to qualify under either the 1st family-based preference or the 3rd family-based preference. I will assume for the purpose of this question that you are unmarried and therefore fall under the 1st family-based preference. For more information about the immediate relative and family-based preference categories, please refer to my family-based immigration article posted at this site.
After you become a permanent resident and you have fulfilled the applicable requirements, you can apply for naturalization (U.S. citizenship). Please refer to my article on naturalization posted at this site.
Dual citizenship (at least Canadian and U.S. citizenship) is permitted under the laws of both Canada and the United States. Your Canadian citizenship will not be affected by your father filing a petition for permanent residence on your behalf. Even when you actually acquire U.S. citizenship, your existing Canadian citizenship will not be affected.
However, as I mentioned in the January 15, 1996 and August 20, 1996 bulletins, it is a requirement for F-1 status that you have bona fide nonimmigrant intent. Unfortunately, a pending petition for permanent residence is considered strong evidence of immigrant intent. If you are currently in F-1 status, I recommend seeking formal legal advice prior to filing a petition for permanent residence.
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