Applying for citizenship and 12 years old Indian citizen son

R

raja_jani

New Member
I am going to apply for my citizenship and qualify for it. I have my son and wife in India and they let go their green cards 2 years back. Can I apply for minor son for his citizenship along with my application? How about my wife? If no for both questions, then can I apply for GREEN CARD after I get my citizenship?
Thanks.
 
Citizenship:
Minor son ->yes (now, if he is not an LPR, then im not sure)
Wife -> no (a green card, yes)
 
Last edited by a moderator:
Good Luck!

All children under the age of 18 with LPR status automatically becomes a citizen when the father becomes a citizen, also, children under the age of 18 who migrate to the US with a US parent will automatically become US citizens. So go to india and bring your child, he will get US citizenship! provided he is under 18 when you do so. unfortunately, you wife needs to apply for PR all over again, which I have heard can be a pain when you give up your "green card" voluntarily.

"In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance." - USCIS

http://uscis.gov/graphics/services/natz/CCA_Update.htm
 
Soul_fh, Rahul, JoeF,
This is interesting indeed for me!
I am a naturalized USC. My wife and my 14 yrs son both are LPR. At present my son and my wife are on biref visit to India but both always have had continued LPR status.
My question is :1. Is my minor son a USC already?
2. How do I get US passport for him?
3. Do I have to fill out N-600?
Help please!
 
Last edited by a moderator:
After you file an N-600 for him and he gets a naturalization certificate, the natz cert can be used to apply for a US passport
Click to expand...

This is a sufficient but not a necessary document, i.e., the DOS does not require the beneficiary of the Child Citizenship Act Of 2000 to have a certificate of citizenship (issued when an N-600 application is approved) to apply for a passport. Refer to the following link to determine what documents are acceptable:

http://travel.state.gov/family/childcitfaq.html
 
Good Luck!

I'm not starting another arguement on this thread, but if you refer to the Child Citizenship Act (CCA) Program Update, January 2004, you will find that there is no prior residency requirements, and that Yes your son, if under 18 years of age qualifies for citizenhip, when you became a US citizen.

If you read the 2004 program update carefully, you would see that one of the prior requirement from 2000 Act is no longer there i.e. The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14—or the United States citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; .

"In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance."

I would file the N-600, the same question was posed by someone during my oath, and they were told to file the N-600, which may or may not be required, according to the prior comment.

http://uscis.gov/graphics/services/natz/CCA_Update.htm

For better clarification, please contact an immigration attorney. Thanks
 
Last edited by a moderator:
Soul_fh said:
All children under the age of 18 with LPR status automatically becomes a citizen when the father becomes a citizen, also, children under the age of 18 who migrate to the US with a US parent will automatically become US citizens. So go to india and bring your child, he will get US citizenship! provided he is under 18 when you do so. unfortunately, you wife needs to apply for PR all over again, which I have heard can be a pain when you give up your "green card" voluntarily.

"In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance." - USCIS

http://uscis.gov/graphics/services/natz/CCA_Update.htm
Click to expand...

Does that oath of allegiance have to be in USA ? Or can it be at a US consulate abroad?
 
Right

In this case JoeF is right!

If USCIS approves the application for naturalization, the applicant must attend a ceremony and take the Oath of Allegiance to the United States. If the applicant is overseas at the time of approval he must return to the United States to attend the ceremony and take the oath Of Allegiance, it cannot be done overseas.

http://usmilitary.about.com/library/weekly/aa062602a.htm
 
5 yr physical presence of USC parent

quote"
If you read the 2004 program update carefully, you would see that one of the prior requirement from 2000 Act is no longer there i.e. The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14—or the United States citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;" Unquote

Does this 5 yr period refer to presence in US that the USC parent may have accumalated in his/her lifetime ( including presence before his/her marriage or say, in much earlier period 1975-1985 )? Does the presence of 5 yr have to be under any immigrant visa or as USC or under any legitimate status?
As I read the 2004 programme, it speaks of 5 yr presence but does not say anything on during which period, so I interprete it to be 5 yr of cummilative presence during lifetime of USC parent.
Please send your comment .
Thanks
 
Good luck JoeF

JoeF said:
In other cases as well (see your wrong info about tax filing) ;)
I restrained from adding a personal comment there, but it seems that you prefer personal attacks...
So, get off your high horse. You know less than you think...
Click to expand...

At least I was man enough to admit that it was wrong, and corrected it immediately. The last time I checked this was an immigration forumn not a tax one. You still have not corrected your posting on the Child Citizenship Act, either because you still think you're right or you're too big to admit you're wrong. No one is in the business of throwing personal attacks, just bringing your attention to the wrong information you provided, a benefit of democracy as it is.

I have more important things to do with my time, and i'm glad i've been able to help a few people, as others have helped me. So good luck, and good night my fellow American. Don't forget to exercise your right to vote!
 
Last edited by a moderator:
question

Thanks for replies guys.
I have a question for everyone knowledgeable about "Soul_fh"'s.

"unfortunately, you wife needs to apply for PR all over again, which I have heard can be a pain when you give up your "green card" voluntarily."

Does it mean she won't be able to get PR at all? Or they will give her after lots of hurdles? I was in the impression that they can't keep US citizen's wife without GC. What are the chances?
Thanks.
 
??

Can you restate your question, it's not very clear what you're asking, but If I understand correctly, you are asking if your wife will be elligible for PR after giving it up voluntarily? I don't see why not, expecially if you and your son are citizens.

What I said previously was that I have heard it's a pain to get PR if you voluntarily give it up. In your case it might be different, because you did not give up yours and you became a citizen! Your wife might have had to give hers up for medical reasons or to take care of aging parents which would be a valid reason.

BTW, did you bring your son back and did he become a citizen? Thanks.
 
Last edited by a moderator:
Thanks for the reply. That answers my question.
No not yet, I have to become citizen first. I am going to apply soon.
 
Need clarification on Citizenship for child

Gurus,

I have a question about citizenship for my son who also is 12 yrs old.
We both parents just got naturalized. Our son has a greencard.
We are setting up a business overseas and have taken a reentry permit for our son. He is studying overseas. So our son is in our legal custody but not physically present in the US at this time.

Did he already derive the citizenship from us when we naturalized?

The reason for this question is that at various places - including on various posts on this forum, we see that form N-600K is to be used to apply for citizenship for children living abroad and form N-600 is to be used for children living in the US. Does "living in the US" mean having greencard or does it mean physically present in the US?

Thank you in advance,
 
rmj2000,

Since both parents are naturalized, your children automatically become citizens and all you have to do is apply for a certificate for them. USCIS website will have the correct forms.
 
boatbod,

Thank you for your reply. But could you explain your reasoning?
I understand that if my son were to be present in US, he would automatically be a citizen. But he is not present in US.
As I had explained, the reason for my question, I see verbiage in various forms and also in posts, which talks about "child living with the parents in US, automatically becoming citizen".
Is it your opinion, that "child living in the US" is same as "child having LPR"?

Thanks again!
 
rmj2000,

Acording to me, your LPR child would have been USC if he were in USA with you for even a single day ( or moment ) after you became USC. Now your child has been out of USA since you became USC. so what i suggest to you is as under:
1. your child should travel to USA on LPR status to join you in USA.

2. upon his arrival at USA and at the POE upon the officer stamping his passport for admission as LPR , he is a USC automatically by operation of law.

3. your LPR child must make a trip to USA to join you ( or you travel together with him ) before he is 18 yrs of age to benifit from this provisions of child citizen act.

4. you can apply for his certi. of citizenship by filing N-600 aftr he arrives in USA. It may take 1-2 months to get it approved depending upon where you live.
5. At the interview of your LPR child , you are required to accompany him and take oath on his behalf. They ask simple questions. Upon approval your LPR child gets his Certi. of Citizenship , right there.

6. Then you apply for his passport.
7. ALTERNATIVELY. you may not file N-600 , and directly apply for his passport based on his green card, arrival stamp in passport at the POE, your certi of citizenship and passport etc. Thsi can be done at a post office. They are aware of the child citizenship act. Go to downtown main post office where they are likely to have more trained staff.

8. Filing N-600 is purely optional and not a requirement, but it is stongly advised to do so and get certi. of citizenship.

9. After your child arrives in USA as per 1 ,2, and 3 above ,If you do not file N-600 immediately , the same can be filed anytime later during lifetime of your child : remebmer he has been already been a USC since his arrival as LPR to joun you in USA. The child himself can file N-600 even after he becomes a major. (This is my understanding and others may comment on it.)

Hope this is useful.
 
rmj2000 said:
boatbod,

Thank you for your reply. But could you explain your reasoning?
I understand that if my son were to be present in US, he would automatically be a citizen. But he is not present in US.
As I had explained, the reason for my question, I see verbiage in various forms and also in posts, which talks about "child living with the parents in US, automatically becoming citizen".
Is it your opinion, that "child living in the US" is same as "child having LPR"?

Thanks again!
Click to expand...

Oops, I missed the bit about him not being in the US. Radni's response looks correct - get the child here asap and apply for a passport.
 
rmj2000 said:
boatbod,

Thank you for your reply. But could you explain your reasoning?
I understand that if my son were to be present in US, he would automatically be a citizen. But he is not present in US.
As I had explained, the reason for my question, I see verbiage in various forms and also in posts, which talks about "child living with the parents in US, automatically becoming citizen".
Is it your opinion, that "child living in the US" is same as "child having LPR"?

Thanks again!
Click to expand...
--------------------------------------------------------------------------

rjm2000, boatbod,

According to me :
***Child living in USA is NOT same as child having LPR.
For child to become eligible for USC , he must fulfill following coditions.
1. child must be an LPR ( having immigrant visa ) , and
2. child must have presence in USA after one of the parents have been naturalised or become USC , and
3. the child must have entered USA on legally permissible status or visa.
 
You must log in or register to reply here.
Top