Citizenship issues for minor child and wife

A

ahmadj

Registered Users (C)
Hi all,

My son was born on in September 2011 in the Dominican Republic , I'm a naturalized us citizen as of Febuary 2012. I married my wife in Febuary of 2013. I filed an I130 for both of them and they both immigrated happily to the US in march of 2016.

They both received their 10 year greencards and we are still together happily. We are both living together and raising him together.

My question is I know my wife can apply for naturilazation in 3 years from the date of residency, however my son who is now 7 years old, does he have to wait 5 years or does he fall into a different category?

Can I apply for him now? Does he fall under derived citizenship?

Any help would be apreciated.
Thanks
 
My understanding is your child is already a citizen through section 320, as he already meets all the requirements:

Children of U.S. Citizens Residing in the United States
Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:
  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
  • The child is under 18 years of age;
  • The child is a lawful permanent resident (LPR); and
  • The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens. To apply for a Certificate of Citizenship under INA 320, please see our Form N-600 page and read the instructions carefully to ensure that you qualify. For more information on the form, see our N-600 Frequently Asked Questions webpa
 
Awesome so in order to apply for his passport I can just go to the post office with all the required documents?
 
ahmadj said:
Awesome so in order to apply for his passport I can just go to the post office with all the required documents?
Click to expand...
Yes. His birth certificate, his green card, your Certificate of Naturalization, and your marriage certificate should be enough.
 
@ahmadj hi - i have read your post about your n-400 being denied. I'm going thru a very similar issue. Could you please provide me with your lawyer info. Feel free to msg in private as well. Thank you and I'm happy you were able to bypass such a nightmare.
 
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