Lucky78 Posted November 8, 2020 Report Share Posted November 8, 2020 Hi, We are eligible for Citizenship and we have 3 years on our green card left to complete 10 years. Our child is now 16 years old. Question is : should we apply N-400 for my child also? He is born in India and currently on GC with us. Thank you. Quote Link to comment
JoeF Posted November 9, 2020 Report Share Posted November 9, 2020 A child under 18 having a GC and living with the parents becomes a US citizen automatically when the parents naturalize. https://www.state.gov/family-liaison-office/naturalization-of-foreign-born-spouses/naturalization-for-children/ Quote Link to comment
newacct Posted November 9, 2020 Report Share Posted November 9, 2020 No. Someone under 18 cannot file N-400. If on the day either parent becomes a US citizen (i.e. takes the oath), the child is still under 18 and still living the the parent in the US, the child automatically becomes a US citizen on that day under INA 320. On the other hand, if neither parent becomes a US citizen by the time the child turns 18, the child cannot get citizenship from the parents. In that case, the child can apply for naturalization on his own with N-400 as soon as he turns 18, if he meets all the requirements. Quote Link to comment
nr2006 Posted November 9, 2020 Report Share Posted November 9, 2020 If you (atleast one parent) become naturalized before the child turns 18, he becomes automatic citizen else, he has to file N400 on his own. Hope this helps! Quote Link to comment
sreeku Posted February 1, 2021 Report Share Posted February 1, 2021 On 11/9/2020 at 10:51 AM, JoeF said: A child under 18 having a GC and living with the parents becomes a US citizen automatically when the parents naturalize. https://www.state.gov/family-liaison-office/naturalization-of-foreign-born-spouses/naturalization-for-children/ I assume this means the date USCIS considers for this determination is the date parents naturalize. In my case, I applied for naturalization (N-400) when my child was under 18. My biometrics is done and I am going to appear for interview soon. However, my son turned 18 last month. If my earlier assumption is correct, now he needs to apply N-400 on his own. Am I correct? If not, what is the process? Thanks Quote Link to comment
newacct Posted February 3, 2021 Report Share Posted February 3, 2021 (edited) On 2/1/2021 at 11:09 AM, sreeku said: I assume this means the date USCIS considers for this determination is the date parents naturalize. In my case, I applied for naturalization (N-400) when my child was under 18. My biometrics is done and I am going to appear for interview soon. However, my son turned 18 last month. If my earlier assumption is correct, now he needs to apply N-400 on his own. Am I correct? If not, what is the process? Thanks yes, he can apply now at any time if he has met the requirements (e.g. 5 years as a permanent resident) and he wishes to naturalize Edited February 3, 2021 by newacct Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.