Derived Citizenship and Child Status Protection Act

[Kuka]

Dear all,

If this has been addressed before, I would appreciate the link to the discussion. For now I can't find anything that would help me in my situation.

I filed my N-400 in December 2004. At the time my son (both of us Green Card holders) was 16.5. (As a side issue - at the time we were not residing in the US and I filed under INA provision 319(b)). I was stuck in the name check until just yesterday when I finally received an oath notice. I will be sworn in in late August. My son is now 19 years old.

Since we only moved back to the USA 18 months ago, he won't have his 5 years residence for another 3.5 years. From what I can tell, the provisions of neither the Child Citizenship Act nor the Child Status Protection Act apply to him. But I would be very happy to be proved wrong, if there is any way to do that.

Thank you very much in advance.

 

[boatbod]

I believe you are correct - since he aged out from being able to obtain derived citizenship, he's going to need to wait until he is eligible to file his own N-400.

 

[Kuka]

So the Child Status Protection Act indeed does apply only to visas and green cards?

 

[boatbod]

So the Child Status Protection Act indeed does apply only to visas and green cards?

I believe that to be the case, and I didn't find anything via google which might indicate otherwise.

 

[Kuka]

I didn't find anything via google which might indicate otherwise.

It's too bad I'm good at legal research. I was hoping.

Thank you for your help anyway.