Minor children naturalized through parents.....?

E

easybay

Registered Users (C)
We are going to get our FP done on Oct 22. From other similar timelines the interview seems to take place about a month after the FP. So potentially Nov 22. Then we still have to take our oaths (on approval of course). My youngest daughter turns 18 on Dec 8. Life would be easier if everything could be done prior to the 8th....so here are my questions:

Is her automatic naturalization (due to us being citizens) based on our oath date?

How are some people getting their oaths done at the same time as the interview?
 
Having read through the San Jose timeline posts, it seems as if the officers give an oath letter at the time of interview if there is an oath ceremony within the next few days after the interview.

I guess it will be luck of the draw for us whether there is an oath ceremony close to the interview date.
 
You can mention your daughter's scenario to the N-400 adjudicator. Some USCIS officers do believe in compassion. Who knows, he/she may ensure that your oath is before she turns 18.

easybay said:
I guess it will be luck of the draw for us whether there is an oath ceremony close to the interview date.
Click to expand...
 
I would think the USCIS officer would be sympathetic to your situation and consider the age out issue with your daughter. You might even try to speed up your interview date through an Infopass, but this could be counterproductive as the out of order processing could actually slow things down. It's hard to say. I think I would do an Infopass and explain my case. Did you apply for naturalization as soon as you were eligible or dragged your feet about it for years? They might take this into consideration for the sympathy meter ;)

Good luck.
 
I believe it is very hard for USCIS to accomodate such need. The reason is simple: anyone can come up with a special situation that need expedite processing. If USCIS try to help everyone, they will be in a chaos.

So the OP should prepare both ways: (1) child get citizenshup automatically or (2) help the child to file her own N400.
 
Did you apply for naturalization as soon as you were eligible or dragged your feet about it for years?
Click to expand...

No - we applied within 2 days of our 5 year green card application and 3 1/2 months into our California residency requirement. So, I don't think I'd call the 1-2 week gap dragging my feet! But it might make all the difference in our daughter being naturalized through us - oh well.

Question though - we have 2 daughters in college, one is 20, and the other will be 18 in December. My thinking is to apply for their citizenship after they have graduated from college and are self supporting....thoughts?
 
easybay said:
No - we applied within 2 days of our 5 year green card application and 3 1/2 months into our California residency requirement. So, I don't think I'd call the 1-2 week gap dragging my feet! But it might make all the difference in our daughter being naturalized through us - oh well.

Question though - we have 2 daughters in college, one is 20, and the other will be 18 in December. My thinking is to apply for their citizenship after they have graduated from college and are self supporting....thoughts?
Click to expand...


If they are eligible for US citizenship, apply right away. Most college kids are stupid, they will go on binge drinking or shoplift something because it is cool, end in legal trouble which could jeopardize their naturalization opportunities in the near future. Also, the above might not reflect their character and this could be done by their friend but they might end up catching hell for it too.
 
easybay said:
Question though - we have 2 daughters in college, one is 20, and the other will be 18 in December. My thinking is to apply for their citizenship after they have graduated from college and are self supporting....thoughts?
Click to expand...

What's the reason for that delay? If you don't want to pay the fee for them, tell them that so they'll be aware of having to save up for it on their own. But once they're 18 or older, you have no legal authority to otherwise delay their application. They have the right to apply without your consent, if they can find the money.
 
easybay said:
No - we applied within 2 days of our 5 year green card application and 3 1/2 months into our California residency requirement. So, I don't think I'd call the 1-2 week gap dragging my feet! But it might make all the difference in our daughter being naturalized through us - oh well.

Question though - we have 2 daughters in college, one is 20, and the other will be 18 in December. My thinking is to apply for their citizenship after they have graduated from college and are self supporting....thoughts?
Click to expand...

I meant it like you could get more sympathy from the IO if you did your due diligence, which you clearly did. They can apply any time they are eligible, no need to wait until they finish college, actually better do it as soon as possible.
 
What's the reason for that delay?
Click to expand...

I assumed that they might be denied for not being self supporting yet.

Most college kids are stupid, they will go on binge drinking or shoplift something because it is cool, end in legal trouble which could jeopardize their naturalization opportunities in the near future
Click to expand...

This has already happened with my oldest - at 17 - her first 3 days living on her own in college, got a MIP. She was fined, did community service, and took a course on alcohol awareness. When she is 21 (next year) we will get her record expunged. She learned a tough lesson, and has kept her nose clean since. She currently is a college junior and was on the deans list this past summer. So I figure after she turns 21, and graduates (Dec 2011), she can apply with a clean record and a bachelors degree.

BUT - you all recommend applying for the youngest as soon as she turns 18?
 
I meant it like you could get more sympathy from the IO if you did your due diligence, which you clearly did.
Click to expand...

Well - I'm certainly going to ask the question. And thanks for raising the point - I'm going to start a new thread asking if any one has received same day oath. Thanks.
 
easybay said:
I assumed that they might be denied for not being self supporting yet.
Click to expand...
They must be 18 to apply, but there is no requirement to be self-supporting. All they care is that the applicant is supported with legally acquired funds, whether it is from their own income, parents, spouse, inheritance, or whatever. If they don't have jobs but are in their early twenties or younger and are college students, the interviewer will presume they're supported by some combination of parents and student loans/grants, so it won't be an issue.

This has already happened with my oldest - at 17 - her first 3 days living on her own in college, got a MIP. She was fined, did community service, and took a course on alcohol awareness.
Click to expand...
That may delay her eligibility for 5 years after the conviction, depending on the details of the offense. The naturalization process requires 5 consecutive years of "good moral character" before applying. Have an immigration lawyer review the court papers to determine if the offense is serious enough to violate the "good moral character" criteria for naturalization. It doesn't seem like it is serious enough, but I haven't seen the specifics of the offense and I am not a lawyer.

Did she get probation? She is not eligible to apply if the probation is not completed.

When she is 21 (next year) we will get her record expunged.
Click to expand...
Unfortunately, for immigration purposes expungement doesn't mean anything. Applicants are required to disclose all offenses including expunged ones, and USCIS can see expunged offenses with the help of FBI background checks.

BUT - you all recommend applying for the youngest as soon as she turns 18?
Click to expand...
We recommend* that she applies as soon as she turns 18. You can't apply for her.

*unless she has some specific reasons for delaying or declining it, such as not wanting to lose her original citizenship.
 
The naturalization process requires 5 consecutive years of "good moral character" before applying.
Click to expand...

Good to know - we'll definately wait till after her 22 birthday. And we were planning on hiring a lawyer to ensure the process is done properly.

As for probation - no. It was strictly a fine, community service and alcohol awareness.
 
easybay said:
This has already happened with my oldest - at 17 - her first 3 days living on her own in college, got a MIP. She was fined, did community service, and took a course on alcohol awareness. When she is 21 (next year) we will get her record expunged. She learned a tough lesson, and has kept her nose clean since. She currently is a college junior and was on the deans list this past summer. So I figure after she turns 21, and graduates (Dec 2011), she can apply with a clean record and a bachelors degree.

BUT - you all recommend applying for the youngest as soon as she turns 18?
Click to expand...



2nd question first, if you can't get your youngest son to get the citizenship as a minor under 18 yrs of age, then I would recommend that the day after turning 18th, he should mail his N400 application. I would ensure that it is signed for a day after his 18th birthday, there's always someone at USCIS who is too slow to think issues and can make a mistake. If you find a compassionate IO, who can expedite your oath ceremony to accomodate your son, more power to you and I wish this is the case. I am certain you can use the $675 for other more important issues.

Exactly, these young people get in trouble for doing stupid things for which they can forever be tainted. I would recommend that you consult with an immigration lawyer to check her case, I am not sure if you are familiar with Ron Gotcher he's in CA. I believe you can do a phone consultation with him for a nominal fee, explain the facts surrounding her case and see what his legal opinion would be. If she is cleared, then apply as soon as possible, stupidity in our young people has no expiration date and has a tendency to come back sooner than expected. If I were in your shoes, getting US citizenship for all my kids would be a priority, especially if they go to a college setting. Freedom from parents is a dangerous thing if misused. Yes, when I was in grad school, I always felt sorry for parents who bust their buns to pay for their school college tuition. If 80% of those parents came to campus on one evening or Friday evenings, 1/2 of them will have heart attacks as the sight of what their kids actually do as part of their learning and college experience. Can you imagine coming to your son's dorm at noon with a tray of food to surprise him, only to be greeted by a squeal of his girlfriend as they are having violent sex encounter? Well, I encountered this ugly scene while visiting a friend who was in grad school but lived in a dorm, parents were dumbfounded, got even worse when the other dorm kids told them that this was an everyday occurrence.... lol!!!!!!!!!!
 
Last edited by a moderator:
If you find a compassionate IO, who can expedite your oath ceremony to accomodate your son, more power to you and I wish this is the case. I am certain you can use the $675 for other more important issues.
Click to expand...

YES - I will use $460 of it to apply for her N-600 (Certificate of Citizenship)!
 
easybay said:
Good to know - we'll definately wait till after her 22 birthday.
Click to expand...
If you're going to advise her to wait in order to have 5 perfectly clean years, it should be 5 years after the conviction, which could be close to her 23rd birthday, depending on the exact date of the conviction.

But like I said above, maybe that specific offense is too minor to violate the good moral character requirement, in which case she would still be OK to apply before the 5 years have passed.

And we were planning on hiring a lawyer to ensure the process is done properly.
Click to expand...
It's generally a waste of money to hire a lawyer to handle the process end-to-end. They'll charge thousands of dollars to do stuff that you can almost completely do on your own. However, it can be well worth it to arrange a one-hour consultation with a lawyer just to discuss the details of the offense and review/correct the paperwork (which you and your daughter have filled out in advance) and answer your questions about the process.
 
You must log in or register to reply here.
Top