When can you file for Citizenship?

P

Pungiwalla

Registered Users (C)
Hello folks - I have had GC for 4 yrs and 6 months and have been continuously residing in United States since them other than total of say a month outside united states on business travel , vacation etc.

How soon I can file for United States Citizenship? My daughter, who is 12 yrs old was born outside united states and has been on GC along with me. Once I become citizen, can I get her US passport without having to file for N-400? THis may be cheaper than filing N-400.
 
You can file up to 90 days before your 5 year GC anniversary.
Once you become a US citizen, you would file n-600 for your daughter.
 
Once you become a citizen, she applies for her passport. Because she is automatically a citizen together with you.
 
raevsky said:
Once you become a citizen, she applies for her passport. Because she is automatically a citizen together with you.
Click to expand...

She wouldn't be able to apply for her passport before applying for N-600 since a certificate of citizenship is needed for passport application.
 
Bobsmyth said:
She wouldn't be able to apply for her passport before applying for N-600 since a certificate of citizenship is needed for passport application.
Click to expand...

Not true!

cafeconleche said:
Can't she just use her proof of age plus her dad's certificate of naturalisation?
Click to expand...

Yes.

For details, refer to http://www.travel.state.gov/family/adoption/info/info_448.html

I would recommend applying for a certificate of citizenship even if it is not strictly necessary - a single document that doesn't expire and that proves one's citizenship in and of itself is a useful one to possess.
 
There are two independent documents that could confirm her citizenship. Passport and certificate of citizenship. They are issued by different agencies, and they are pretty much independent.
To apply for passport, she needs to prove she is a citizen, in the same way she need to prove it in order to apply for certificate.

However, you cannot order them both at the same time - some documents are needed in original for both processes.
 
True. Moreover, some time ago the prices for passport differed depending on what document you used. Now they are the same.
If you based you passport application on an expired passport or US birth certificate, or certificate of naturalization or citizenship, it cost $100 less than if you based it on a set of documents that prove your citizenship through your parent's naturalization. I guess because it was greater amount of work to process the application through a simple set of documents.

About a year ago they changed the pricing policy to make it the same.
 
Last edited by a moderator:
When I get my citizenship, my daughter( 12 yrs old) will be residing in India. If I move to India with US citizenship, could I apply for US passport for my daughter from India? or we both have to be present here in United states in order to apply for USC? Will she have to take oath or minor child gets USC directly because one or both of her parent will be USC?

Also when you say, you can apply for USC 90 days in advance from your 5 th anniversary on GC. I assume it is 5 yrs from Residence since XX.XX.XXXX date on your greencard. Is that correct?

My GC says residence since 1/20/2004, that means I will be completing 5 yrs on 1/20/2009 give or take few days. 90 days in advance will be 10/20/08. Does it have to be exact 90 days or more? what happens if it is say 100 or 110 days in advance? will they reject/return application? Do they also minus time spent outside US in last 5 yrs such as on vacation(4 weeks) , business trips( 2 weeks).

The reason I'm asking all these questions is we want to move to India for few years at the start of school year in June, therefore I want to apply for USC as soon as possible.
 
Pungiwalla said:
When I get my citizenship, my daughter( 12 yrs old) will be residing in India. If I move to India with US citizenship, could I apply for US passport for my daughter from India? or we both have to be present here in United states in order to apply for USC? Will she have to take oath or minor child gets USC directly because one or both of her parent will be USC?
Click to expand...

Its much easier if your daughter is living with you in the US, because then she benefits from automatic US citizenship when you take the oath. If she is living abroad, she'll have to go wait until she returns to the US (with you) before she becomes a citizen. There is also the N-600K process for children of USC parents permanently living abroad - its a longer process, and in the end the child still has to travel to the US for an interview with USCIS.

Pungiwalla said:
Also when you say, you can apply for USC 90 days in advance from your 5 th anniversary on GC. I assume it is 5 yrs from Residence since XX.XX.XXXX date on your greencard. Is that correct?
Click to expand...

Correct.

Pungiwalla said:
My GC says residence since 1/20/2004, that means I will be completing 5 yrs on 1/20/2009 give or take few days. 90 days in advance will be 10/20/08. Does it have to be exact 90 days or more? what happens if it is say 100 or 110 days in advance? will they reject/return application? Do they also minus time spent outside US in last 5 yrs such as on vacation(4 weeks) , business trips( 2 weeks).
Click to expand...

Even 1 day earlier than the 90 day period is likely to get your application rejected. Most people here recommend applying around the 85 day mark, as it allows enough slack for math errors in counting dates etc, etc.

Pungiwalla said:
The reason I'm asking all these questions is we want to move to India for few years at the start of school year in June, therefore I want to apply for USC as soon as possible.
Click to expand...

DON'T MOVE PRIOR TO GETTING YOUR CITIZENSHIP. If the IO figures out that you are no longer residing in the US, your application stands a good chance of being denied. Naturalization rules require the applicant to maintain all eligibility criteria throughout the entire process, not just prior to submitting the N-400.
 
boatbod said:
Its much easier if your daughter is living with you in the US, because then she benefits from automatic US citizenship when you take the oath. If she is living abroad, she'll have to go wait until she returns to the US (with you) before she becomes a citizen. There is also the N-600K process for children of USC parents permanently living abroad - its a longer process, and in the end the child still has to travel to the US for an interview with USCIS.
Click to expand...

Since we are hard pressed for time as my daughter has to start her school in India in June 09, when I apply for citizenship, should I also apply for her citizenship? ( She has been LPR for last 5 yrs, maintained continuous residency and has been living with me) or I should get naturalized first upon which she will automatically be eligible for USC. Only problem with this route is that it will take more time(apply for certificate of citizenship, passport etc only after I was naturalized) as opposed to applying for USC and getting done with it along with me.
 
Pungiwalla said:
Since we are hard pressed for time as my daughter has to start her school in India in June 09, when I apply for citizenship, should I also apply for her citizenship?
Click to expand...
You can't begin any process for her citizenship until you are actually a citizen yourself. But you can apply for her green card. In order to derive citizenship through you, she needs to obtain permanent resident status and move to the US to live with you (or her mother if she is a US citizen).
 
Jackolantern said:
You can't begin any process for her citizenship until you are actually a citizen yourself. But you can apply for her green card. In order to derive citizenship through you, she needs to obtain permanent resident status and move to the US to live with you (or her mother if she is a US citizen).
Click to expand...

I believe she already has LPR.
 
Pungiwalla said:
correct
Click to expand...
Ooops, I missed that detail which was in parentheses. I got thrown off by that mention of her going to school in India.

Then she will automatically get US citizenship once you naturalize, assuming she is living with you in the US at the time. Once that happens, it's just a matter of obtaining proof of her citizenship by applying for a US passport or N-600 certificate.
 
Last edited by a moderator:
Jackolantern said:
Ooops, I missed that detail which was in parentheses. I got thrown off by that mention of her going to school in India.

Then she will automatically get US citizenship once you naturalize, assuming she is living with you in the US at the time. Once that happens, it's just a matter of obtaining proof of her citizenship by applying for a US passport or N-600 certificate.
Click to expand...

I know that she will become citizen if living with me here in United states at the time I'm naturalized.

The question was how does she become a citizen if she was not in the country at the time I'm naturalized, Although she would still be LPR as it would be less than six months when she would have left the country.

If it was possible to apply for her US passport from overseas then I don't see how it would be an issue.

Can one apply for US passport through US embassy overseas if eligible and qualified otherwise?
 
Pungiwalla said:
I know that she will become citizen if living with me here in United states at the time I'm naturalized.

The question was how does she become a citizen if she was not in the country at the time I'm naturalized,
Click to expand...
By moving back to the US to live with you before she turns 18.

Although she would still be LPR as it would be less than six months when she would have left the country.
Click to expand...
But you don't know when your naturalization will be approved, and when you apply for her passport it's going to be a bit difficult to convince them that she's living with you in your physical and legal custody if she's outside the US for several months, especially as she'll be outside the US without you. You sound like her schooling in India is not just a temporary trip ... you apparently plan to have her complete schooling in India for the next several years. Doing that is not only jeopardizing her citizenship, but also putting her green card at risk.
 
Last edited by a moderator:
Please correct me....

I was of the opinon one could apply for Citizenship 6 months prior to 5Year GC anniversary... I was surprised to hear that is only 90 days before... I remember reading in this fourm that some applicants during the naturalization interview mentioned that the 'Immigration officer was checking if the application was within the 180 days time frame...'

TIA.
 
CaliGC said:
I was of the opinon one could apply for Citizenship 6 months prior to 5Year GC anniversary... I was surprised to hear that is only 90 days before... I remember reading in this fourm that some applicants during the naturalization interview mentioned that the 'Immigration officer was checking if the application was within the 180 days time frame...'

TIA.
Click to expand...

Sounds like you are confusing the 180 day time limit with the out of status time time limit
 
You must log in or register to reply here.
Top