Kids applying citizenship: How long they should stay in US?

[yumaine]

Both my daughter (10 years old) and I are GC holders. We have stayed at US for about 2 years after we got GC. Right now I want to send my daughter to China for school. She will come back a few days every half year. I have a few questions:

1. Stay at US at least 30 months within 5 years. Is this rule also for kids?

2. I guess we need stay at US 3 months just before the application. Is it correct?

3. When can we submit the application? Full 5 years after GC? or Sometime after 4 years?

Many thanks for youe inputs.

 

[Jackolantern]

1. No, it does not apply to kids under 18. But the kids are still expected to spend enough time in the US to keep their green card. Spending only 1 month per year in the US and doing that year after year will jeopardize their green card. In order for your child to automatically derive citizenship from you, the child needs to still have a green card and be living with you in the US and be under 18 when you become a citizen (or return to the US with the green card after your naturalization and before age 18, if you happen to naturalize when they are outside the US).

Are you going to stay in the US while your daughter is in China for a long time? If not, you're hurting your own chances at US citizenship.

2. You need to have lived 3 months in a single district before applying. So this is only an issue if you move to a different district shortly before applying; you would have to wait out 3 months in the new location if it is in another district, and then apply.

3. 5 years minus 90 days after GC approval.

 

[yumaine]

Hi Jackolantern,

Many thanks for your reply. It's really helpful.

Here is my status: I will wok the whole year of 2009 at US. By that time I will have accumulated 3 year after GC. Then I will probably spend 3-6 months in US and the other time in China each year until I get the citizenship. Since I am frequently flying, it’s better to keep my daughter in China and let my parents take care of her. Also she can catch the progression in the Chinese school. Early I thought 30 months rule also applied to kids, so I have even planned to ask her back and stay at US for half more year (she is in China now). According to your suggestion, this half year seems unnecessary for her. Correct?
The other question is: shall she travel back every half year to keep the GC? Or can I apply re-entry for her, then she can come back within 2 years? If she apply re-entry and use it, does it hurt the citizenship application? Many thanks!

 

[Jackolantern]

Early I thought 30 months rule also applied to kids, so I have even planned to ask her back and stay at US for half more year (she is in China now). According to your suggestion, this half year seems unnecessary for her. Correct?

Correct, as long as you naturalize before she is 18 and she still has a green card and is physically living with you in the US in your legal custody, she automatically becomes a US citizen regardless of how much time she was spending overseas before that (as long as she didn't spend so much time abroad that they revoked her card before you naturalized and had her living in the US again).

The other question is: shall she travel back every half year to keep the GC? Or can I apply re-entry for her, then she can come back within 2 years? If she apply re-entry and use it, does it hurt the citizenship application? Many thanks!

Reentry permit can't hurt her. But remember, as long as you naturalize before she turns 18 and the other conditions (mentioned above) are met, she automatically becomes a citizen without even applying for it. At that point, it becomes only a matter of applying for proof of her citizenship (passport or N-600) so she can actually exercise her citizenship rights to the fullest.

 

[Jackolantern]

Note that there are some differences with applying for a reentry permit for children under 14 ... I don't know much about that aspect, so I'll wait for somebody else who has obtained it for their child(ren) to comment.

 

[yumaine]

I also have some questions about re-entry for kids. Based on the instruction, kids under 14 don't need biometric services. Shall we send the picture with the application, or USCIS will still require on site photographs? Does the kid need to be in US when application? I appreciate any input!

 

[yumaine]

Does anyone know the answer? Please help!

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I also have some questions about re-entry for kids. Based on the instruction, kids under 14 don't need biometric services. Shall we send the picture with the application, or USCIS will still require on site photographs? Does the kid need to be in US when application? I appreciate any input!