N-400 What Form To Use For Child?

U

USCITZNHOPEFUL

Registered Users (C)
Hi all,
Could someone please tell me what form I would need to fill out for my 5yr old along with my N-400? Do we fill out seperate application for him?
He has been living with us from birth and is a greencard holder like us.

Has anyone had a problem finding the exact dates of employment? i have the month and year that i worked but not the start day. the company that i worked for has been bought over. the management has changed and there's no one there whom i worked with. any advise is greatly appreciated.

thanks!
 
based on what i heard and read here, you child will be automatically USC after you take oath. You can file N-600 to get a certificate if you will.
 
little_bug said:
based on what i heard and read here, you child will be automatically USC after you take oath. You can file N-600 to get a certificate if you will.
Click to expand...

That is correct. Note however, that your child does not become a USC until either you or your spouse has taken the oath. Only then can you directly apply for their passport (relatively quick and easy) or submit an N-600 (slow).
 
Right, the rules on that state department site are clear and easy to understand.

Your child will "automagically" become a US citizen when one of his parents becomes a US citizen if:

He/she is:
  • Under 18
  • A "legitimate" child of the US citizen
  • Has a green card
  • Resides with the US citizen parent in the US

Once all the conditions are met, (you are a citizen and those four points) you can apply for a US passport for the child. Do that first, and then submit an N-600.

Good luck
 
I am in a similar situation, however, my wife resides in my home country. I live in the USA and should be eligible for naturalization next year. My wife and I are expecting twin girls late this year. I am planning on filing green card applications for my wife and baby girls once I become a US citizen. Once they've joined me in the USA, will my baby girls qualify for automatic citizenship?

Thank you.
 
blkhawk said:
I am in a similar situation, however, my wife resides in my home country. I live in the USA and should be eligible for naturalization next year. My wife and I are expecting twin girls late this year. I am planning on filing green card applications for my wife and baby girls once I become a US citizen. Once they've joined me in the USA, will my baby girls qualify for automatic citizenship?

Thank you.
Click to expand...

Yes. The main requirement is that a child be admitted to the US as an LPR and live in the custody of the USC parent. Once your children arrive in the US on an immigrant visa to live with you, they effectively become citizens.
 
Yes, once they get a green card and show up to live with you they are "automagically" US citizens (providing, of course that you are a US Citizen at the time).
 
Thank you all for your input. So this is true even if the babies are born after I have become a US citizen, right?

Thanks.
 
I think if they are born after you've become a U.S. citizen you could apply other rules, instead of the child citizenship act of 2000, and perhaps they can skip the Green Card step. I don't want to spend more time on this ;) because I think your twins will be born before your naturalization, so this is just an academical question ;) However, you could do a search on the Internet for something like Am I a U.S. citizen, which can give you a clue of how citizenship gets transmitted by parents to children.
 
Actually, and not surprisingly, the rules are more complicated than that.

If the children are born outside the US, but after you become a USC (and the other parent is not a USC), then another rule comes into play. You (the USC parent) must have lived at least 5 years in the US, 2 of which were after your 14th birthday.

"Living in the US" is a physical presence thing, it is the number of days that you were physically present on US soil. So, although you had a GC and where continuously resident for 5 years before you get your natz cert, you may not satisfy this rule. I have asked several times whether the 5 years needs to be after citizenship or after the start of residency, but I've never got a good answer.

That all said, the CCA rules still apply, so as soon as they are all met, then your children will become citizens (but, they could never run for president since they weren't "natural born US citizens" (i.e., a USC from birth)).
 
Thank you all for your input. I have lived in the USA for almost 8 years now (2 as student, 2 as H1B, and 4 as perm resident). I am wondering if the residency requirement is for the time I spent in the USA as a green card holder only. Anyway, I am glad that my children won't have to go thru the loooong wait that their mother is currently experiencing. And oh well, I am not too worried about my children not being able to run for president, they can always run for vice president unless the vice president has to also be a US born individual :) .. Thanks all and God bless.
 
Yes, the VP needs to meet the same qualifications as the president. His only real role (beside being "president of the senate") is to be ready to jump into the president's chair if the president kicks the bucket.

Some of this is better explained on the Dual Citizenship FAQ http://www.richw.org/dualcit/
 
Flydog said:
Actually, and not surprisingly, the rules are more complicated than that.

If the children are born outside the US, but after you become a USC (and the other parent is not a USC), then another rule comes into play. You (the USC parent) must have lived at least 5 years in the US, 2 of which were after your 14th birthday.
Click to expand...

Sounds like you are describing the rules for N-600K, but as far as I know, this only applies when the child lives in the custody of a USC parent abroad.

More details here: http://www.immigrationportal.com/showthread.php?t=254463
 
Flydog said:
I have asked several times whether the 5 years needs to be after citizenship or after the start of residency, but I've never got a good answer.
Click to expand...

Since section 301(g) does not state that the citizen parent should have spent five years in the US as a citizen, I think it is safe to infer that the parent could have been a non-citizen for at least a portion of that time period.
 
You must log in or register to reply here.
Top