Help - GC holder study abroad - His citizenship

R

Raj_sekar

New Member
Myself and my family are Green Card holders effective April 1st 2002. My son is 17 years old and will complete 18 years on 13th Dec 2007. He plans to go to India for college education this summer after getting reentry permit from INS.

Myself and my wife have started naturalization process. I understand that if we become naturalized citizens before he turns 18, he becomes a citizen automatically. In that case, what would be his status during his stay in India ? Can he apply for U.S. passport at U.S Consulate in India ?

Also, if myself and my wife become citizens after he turns 18, since he will be in India, how and when can he file for his naturalization/citizenship ? Are there any issues for his filing naturalization/citizenship during his stay in India ?

I will greatly appreciate any help. Thanks.
 
One of the 4 criteria for minors becoming citizens when one of their parents naturalizes is that the child "resides" with the parent.

Whether a child away at school "resides" with his/her parents is an interesting question. In some cases, laws say "yes" (for example in terms of getting "in-state resident" tuition), in other cases, the rules say "no".

I have no idea here.
 
I'd go one step further and suggest that if you do get your USC before your son's 18th birthday, you need him to fly back the the US so he can apply for his passport. My understanding of the situation is if he is outside of the US, he does not automagically become a citizen until he returns to the US as a minor (under 18) GC holder in the custody of the USC parent.
 
Thanks.

Thanks for your feedback.

What about if we (the parents) get the citizenship after he turns 18 ? Since he had already completed 5 years after getting his GC, will he be eligible to apply for naturalization at Indian Consulate ?
 
I'm pretty sure he'd need to take up "residence" here in the US first. You need to read up on continuous residence and physical presence in the Guide to Naturalization
 
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