N400 and under 18years old son

K

karen16

Registered Users (C)
Hey guys,

I am new on this fourm and i would like to know if my son is eligible for Citizenship with me even if he has not been in USA for 5 years after getting his Greencard and he is under 18. I have spent 5years after getting the Greencard in the United States. I have submitted my N400 form and my interview is on Dec.2. My question was is my son eligible to become US citizen with me on Dec. 2 because of his age? He does have the Greencard for the last 2 years only. Please advise me. Thank you.
 
Is he living in the US with you now? If yes, it doesn't matter how long ago he got his green card, he can still derive citizenship as soon you naturalize (assuming the other criteria have been met, such as you having legal custody of him) even if he got his GC yesterday.
 
Yes he is staying with me. Now what should i do? My interview is on Dec. 2 and my son's birthday is on Jan. 19th and he will turn 18. What should i do? or i have to do somthing, before i become citizen?
 
karen16 said:
Yes he is staying with me. Now what should i do? My interview is on Dec. 2 and my son's birthday is on Jan. 19th and he will turn 18. What should i do? or i have to do somthing, before i become citizen?
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I presume his name is on your N400 application in part 9, right?
 
If your son is a Permanent Resident in the US under his 18th birthday when you take the oath, he automatically naturalizes with you.
 
karen16 said:
yes, and thank you for your reply and help. Ok, so what should i do now?
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When you take oath, he also automatically becomes a US citizen. Apply for his US passport at the same time you apply for yours - you will need his original birth certificate, original green card, passport application, photos and fees.

You can also obtain a certificate of citizenship for him by filing N-600 (fees $460) which is a permanent evidence of US citizenship.
 
If your interview is on Dec 2nd and your son's 18th birthday is on Jan 19 I would make sure to let the IO at your interview about it and see if you can get the oath before he turns 18. Perhaps your local office has same day oath, I don't know. One way or another make sure you tell the IO that you'd like to have your oath before your son turns 18 so he can derive citizenship through you. If the IO tells you that it cannot be done ask nicely to talk to a supervisor. I think they will accommodate your request.

Apply for passport book, passport card and N-600 if you naturalize before your son turns 18 and he becomes a citizen through your naturalization.

Keep into account that it is not only that he stays with you, if you are divorced you should have legal custody of him, if you are single parent that should be alright. You seem to have physical custody of him, so at least you qualify in a couple of things, physical custody and Green Card of your son, now you have to make sure about the legal custody and that you take the oath before he turns 18.

Good luck.
 
Karen 16, let me contribute on ths issue, they all right; when you apply for your son's passport you HAVE to send with the PP application the following items:
- Your certificate of naturalization
- Birth certificate (Original) and translation to the English language if it is in foreign language. Translation is to be notarized.
- Original Permanent Resident Card
- 2 Photos
- Fee
- Legal Custody Papers if apply.

As you can see, it is very easy. Passport is a proof of citizenship, ID and travel document.

Good Luck
 
guys -My husband and I have our N400 under process .Our son is 16 yrs old and has his GC , and currently in India. Assuming we get our citizenship while he is still in India, can we apply for his passport at the US consulate in India or does he have to come to the US to collect it?Please advise
 
fams said:
guys -My husband and I have our N400 under process .Our son is 16 yrs old and has his GC , and currently in India. Assuming we get our citizenship while he is still in India, can we apply for his passport at the US consulate in India or does he have to come to the US to collect it?Please advise
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Please open a separate thread for this. Don't hijack somebody else's thread. I'll give you my answer when you open a separate thread.
 
Huracan said:
If your interview is on Dec 2nd and your son's 18th birthday is on Jan 19 I would make sure to let the IO at your interview about it and see if you can get the oath before he turns 18. Perhaps your local office has same day oath, I don't know. One way or another make sure you tell the IO that you'd like to have your oath before your son turns 18 so he can derive citizenship through you. If the IO tells you that it cannot be done ask nicely to talk to a supervisor. I think they will accommodate your request.
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I don't think USCIS will take those into consideration. It is not that they are not nice but all people have different paerticular reasons to expedite their process so that USCIS can not accomodate that. As a policy USCIS will not do that, whether the IO or their supervisor as individuals can do you a favor is a different issue.

But even if you do not make special request, there is a significant good chance teh oath can be scheduled before Jan 19. So be hopeful.
 
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