citizenship for children less than 18 years old

P

punyavan

Registered Users (C)
I plan to apply for my US citizenship next month. I filled up the N-400 form and find details of children to be provided in part -9. By providing the children details in this portion will they automatically get the citizenship or do I have to apply for it separately later after I get the citizenship.

At this stage, I don't intent to take US citizenship for them. I don't want them loose their original citizenship from India, because they will be going back to India soon.

Can some one please advise, whether I should provide the details of children in the form N-400.

Thanks in advance.
babuts
 
i suggest u get it for them

I suggest you get them us citizenship without the hassel ..... you can just get a PIO card for life for india where they can travel and live there. why u want them to suffer to get citizenship later......they are minor you can get it done easy .....
 
If your kid was born outside US and you were not citizen at that time then they do not acquire the US citizenship automatically unless you either apply for their passport after naturalization or N600 for them.



punyavan said:
I plan to apply for my US citizenship next month. I filled up the N-400 form and find details of children to be provided in part -9. By providing the children details in this portion will they automatically get the citizenship or do I have to apply for it separately later after I get the citizenship.

At this stage, I don't intent to take US citizenship for them. I don't want them loose their original citizenship from India, because they will be going back to India soon.

Can some one please advise, whether I should provide the details of children in the form N-400.

Thanks in advance.
babuts
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On the day you take the oath, your kids below 18 years old will become US Citizen automatically on the same day. They can get US passport even when they are over 18. It is their age on the day you take oath that matters. So if your son is 17 years and 364 days old on the day you take the oath, they can apply for US passport anytime, even then he is 99 years old and is about to see god.
 
pmg said:
On the day you take the oath, your kids below 18 years old will become US Citizen automatically on the same day. They can get US passport even when they are over 18. It is their age on the day you take oath that matters. So if your son is 17 years and 364 days old on the day you take the oath, they can apply for US passport anytime, even then he is 99 years old and is about to see god.
Click to expand...

The "Child Citizenship Act of 2000" rules (search google.com) only applies if the child is a lawful permanent resident at the time of parent's naturalization.
 
Thank you all for your advise

My children are permanent residents and are less than 18 years old, From your valued advise, I understand they can apply for Citizenship any time after I get the citizenship.

Can this be done 3-4 years afterwards from the US consulate in India?, because we plan to return to India after I get my citizenship.
Thanks,
babuts
 
Thank you all for your advise

My children are permanent residents and are less than 18 years old, From your valued advise, I understand they can apply for Citizenship any time after I get the citizenship.

Can this be done 3-4 years afterwards from the US consulate in India?, because we plan to return to India after I get my citizenship.
Thanks,
babuts
 
punyavan said:
My children are permanent residents and are less than 18 years old, From your valued advise, I understand they can apply for Citizenship any time after I get the citizenship.

Can this be done 3-4 years afterwards from the US consulate in India?, because we plan to return to India after I get my citizenship.
Thanks,
babuts
Click to expand...

I think I recall reading that you could apply from overseas. The key point however, is that the children must have been residing in the custody of the naturalized parent. You should probably check the rules for yourself, either online or via an attorney before heading overseas.
 
No, they cannot apply for citizenship from overseas. If they are under 18 yrs of age on the day you take the oath, they automatically become US citizens since they are permanent residents. If they are under 18, and want to move to India, and have no interest in coming back to the US, even I suggest that you get them the US passports and OCI card. They can live in India for as long as they want with no hassels!

If they move back to India with permanent resident status, it will be considered abandoned after 1 year of absence from US and 2 years of absence without a reentry permit.
 
Thanks sg_orl and boatboard

I read somewhere that ,
even if they loose the GC after one year returning to India, they can apply for US citizenship on family category until they are less than 21 years old, since the parent is a US citizen ?. Any idea whether this is true?.
 
If you even a little bit interested in having your kids having US residency, get their US passport and apply for OCI. If you are sure that your kids will never wanna come to US, than forget about US green card/citizenship etc. You need to make up your mind what you want. If there is a chance that your kids will want to stay in US, why bother with applying for GC again in future? Just get their US citizenship and be done with it.
 
I recently got naturalized and my daughter lives in India. If I have to get her a US passport, is it a requirement that she be physically present in the US at the time of applying for the passport or can this be done in absentia.

She has a GC.
 
Go read the statute (http://www.uscis.gov/lpBin/lpext.dl...20/slb-9651?f=templates&fn=document-frame.htm).

If your child is under 18, has a green card, and resides with you when you are naturalized, then he/she magically becomes a citizen at the same time. You don't need to "apply" for citizenship for him/her -- he/she's a citizen.

Applying for a passport or submitting an N-600 is simply applying for proof of the citizenship that was established when you became a citizen.
 
What if the child was less then 18, when one parent became a citizen, the other parent did not have a GC or similar.

The child did not process the citizenship at the time and is now 24 years old. Would INA: ACT 320 still be applicable?? Any input would be highly appriciated.

bigb
 
I believe (but you should do some research), that if your child is now 24, you need to go back to the moment you took the oath and find out what the rules were. The rules changed in the 90s (to what they are now). If you and the child were both GC when you took the oath and the child resided with you and the current law was in effect, then he/she is a citizen. If not, then someone else might know the answer.
 
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