Get naturalized and wondering what to do for my 2 years son

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chicagoboy77

Registered Users (C)
I got naturalized and would like to see if my son who was born 2 years ago is eligible for certificate of citizenship or will he just get a green card and have to wait for 5 years for us citizenship. The mother is NOT a USA citizen and I have applied for her green card already.
 
chicagoboy77 said:
I got naturalized and would like to see if my son who was born 2 years ago is eligible for certificate of citizenship or will he just get a green card and have to wait for 5 years for us citizenship. The mother is NOT a USA citizen and I have applied for her green card already.
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Does your son have a green card? Is he living with you, in your legal and physical custody?
If yes, then he became a U.S. citizen at the moment you naturalized, and you can file N-600 and/or a U.S. passport application for him immediately.
See the info about the Child Citizenship Act at:
http://travel.state.gov/visa/immigrants/types/types_1312.html
 
chicagoboy77 said:
I got naturalized and would like to see if my son who was born 2 years ago is eligible for certificate of citizenship or will he just get a green card and have to wait for 5 years for us citizenship. The mother is NOT a USA citizen and I have applied for her green card already.
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IF he was born abroad before you naturalized THEN you need to file an I-130 ASAP so that he can join his mom's Visa Processing. Request expedited I-130 processing and include a copy of HER I-130 Approval Notice and a letter of explanation.

Upon entry as an immigrant, your son will "automatically acquire" citizenship under INA 320 and then you file an N-600 for him (and for a passport if and when you anticipate a need for him to travel). Passports for kids are limited and expire but Certificates of Citizenship do not expire.
 
My son born and currently living in sudan

My son is living in Sudan with his mother where he was born.
The problem is that I am currently not making much money to support the family in usa as I lost my job and having no luck finding new ones. I am seriously thinking of keeping them in sudan till i get a job the brining them over. Living cost is very low in sudan however I do not wanna lose the chance of naturalizing my son.
I get to go back and forth every 4 months to see him.
would it be ok to hold on applying for him for now till i get a better paying job or let's say 6 months from now by which I would have saved enough to bring them?? would I lose any thing if i simply wait and then reapply for both his mother and him in one application?
 
chicagoboy77 said:
My son is living in Sudan with his mother where he was born.
The problem is that I am currently not making much money to support the family in usa as I lost my job and having no luck finding new ones. I am seriously thinking of keeping them in sudan till i get a job the brining them over. Living cost is very low in sudan however I do not wanna lose the chance of naturalizing my son.
I get to go back and forth every 4 months to see him.
would it be ok to hold on applying for him for now till i get a better paying job or let's say 6 months from now by which I would have saved enough to bring them?? would I lose any thing if i simply wait and then reapply for both his mother and him in one application?
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Your son and wife are IRs [Immediate Relatives of a USC] and as such EACH MUST have their own I-130 and subsequent Immigrant Visa. You CANNOT include them in a single application. That said, how you time things is your own business. Your son MUST become a greencard holder before reaching his 18th birthday in order to get citizenship through you, so you have time.
 
should my son be GC holder for 5 years then apply for citizenship even though he is only 2 years

I am just trying to understand things little more here. I understand that for my wife she will have to be GC holder for 3 years and then file for citizenship (married to a us citizen)

will my 2 years old get a certificate of citizenship immediatly or have to wait same time even though he is only 2 years old.
 
chicagoboy77 said:
I am just trying to understand things little more here. I understand that for my wife she will have to be GC holder for 3 years and then file for citizenship (married to a us citizen)

will my 2 years old get a certificate of citizenship immediatly or have to wait same time even though he is only 2 years old.
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Was your son born after you and your wife got married? And are you listed as his father on his birth certificate?
If the answers to both of these questions are yes, then you are presumed to have legal custody rights over your son and he is actually considered to be your child for the immigration law purposes. This means that if he is issued an immigrant visa and travels to the U.S. to reside with you in the U.S. (before he turns 18 and while you and his mother are still married), he becomes a U.S. citizen the moment he is admitted to the U.S. on that immigrant visa, as a permanent resident. You can then apply for a U.S. passport and/or file N-600 for him immediately after his arrival. It would not matter what his mother's status in the U.S. is or if she is even present in the U.S. at all - he would derive U.S. citizenship through you, as a U.S. citizen parent.
 
chicagoboy77 said:
I am just trying to understand things little more here. I understand that for my wife she will have to be GC holder for 3 years and then file for citizenship (married to a us citizen)

will my 2 years old get a certificate of citizenship immediatly or have to wait same time even though he is only 2 years old.
Click to expand...

Your son will automatically acquire USC upon entry with an Immigrant Visa (IR-2). It happens as a function of law. Initially, he will be processed for a greencard, you use that as part of the evidence for his passport and eventually swap it for a Certificate of Citizenship. IF he needs to travel, he will need a U.S. Passport after that point in time. To obtain permanent, non-expiring proof of USC, the N-600 is filed with USCIS, with fee (all of the required evidence should already be in his A-file as part of his I-130 packet).

The only children who are processed for a Certificate of Citizenship INSTEAD of a greencard are IR-3 Orphans who have been fully adopted by USC parents (a very lengthy, difficult and expensive process---this is a concession to that ordeal).

Your wife will be eligible to file an N-400, 2 years, 9 months and 1 day after entry on her immigrant visa (if the marriage is a full 3 years old AND YOU have been a USC for a FULL 3 years, at that time). If your marriage has already lasted a FULL 2 years on the day she enters the U.S. with her Immigrant Visa, she will get a 10 yr greencard. IF the marriage is even one day shy of the 2nd anniversary, she will get a conditional 2 yr card and that will require an extra step of filing an I-751 to lift conditions within 90 days of the 2nd anniversary of the greencard (i.e. expiration date).
 
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