Need help…..

[ramsrao]

As a family (myself, my wife and son), we got our employment based GC on 6/1/2005 and will be completing 5 years on 30th May 2010. Also, our son will be going to college next year (August 2010). At this point, we are not sure which college he will be going (in state or out of state).

1. Our son will be 17 years and 10 months when we complete 5 years. Depending on when we get final interview/oath, he may turn 18. Due to this situation, how his application needs to be handled (as a child or adult)?

2. In the event our son turns 18 before our Naturalization and if he joins out-of-state college, how to process his application?

3. How early we can submit our applications? If so, will it help our situation?

4. Is there any downside travelling out of country after submission of citizenship applications? We may need travel during May - June 2010 due to family reasons.

Thanks for looking this post and any of your input / advice are valuable to us.

 

[Huracan]

As a family (myself, my wife and son), we got our employment based GC on 6/1/2005 and will be completing 5 years on 30th May 2010. Also, our son will be going to college next year (August 2010). At this point, we are not sure which college he will be going (in state or out of state).

1. Our son will be 17 years and 10 months when we complete 5 years. Depending on when we get final interview/oath, he may turn 18. Due to this situation, how his application needs to be handled (as a child or adult)?

2. In the event our son turns 18 before our Naturalization and if he joins out-of-state college, how to process his application?

3. How early we can submit our applications? If so, will it help our situation?

4. Is there any downside travelling out of country after submission of citizen applications? We may need travel during May - June 2010 due to family reasons.

Thanks for looking this post and any of your input / advice are valuable to us.

It looks tough but doable.

You can apply up to 90 days before your 5 year anniversary. Most people recommend (at least I do) to count 85 days to be on the safe side of counting, in your case you can go 87, as you need any extra day you can get. Don't sign or mail your application before that.

Now, that should give you close to 5 months to complete your naturalization before your son turns 18. You could start by checking which one is your local office and if they have same day oath.

When you submit your application I would recommend (I don't have any backing for my recommendation) to send a cover letter explaining your son's situation and urging them to process your application and complete your naturalization process before your son turns 18. Basically you are asking them to expedite either yours or your wife's, or both application so your son can benefit from the child citizenship act of 2000 provisions and become a citizen automatically.

Good news is if either you or your wife take the oath before he turns 18 he will automatically be a citizen, provided he currently, and at the time of the parent oath has a green card which I'm sure he does and he will.


If everything fails and both of your naturalizations happen after your son turns 18 he will have to apply for his own N-400 and go through the naturalization process himself, with all background checks and good moral value considerations so he will have to have a clean past with the law, which I assume he has. I guess he could apply providing your address as his permanent address but he will have to go back home for fingerprints, interview and oath so that is extra travel.

Let's hope one of you naturalizes before he turns 18.

Try to avoid travel if you want to maximize your chances of not having to miss or delay one immigration appointment.

My 2 cents.