USCIS Citizenship for Kids staying with parents and have permanent residency for more than 5 years


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Hello,

I applied for naturalization and submitted N-400 application for myself and my wife residing in US for more than 5 years. I'm unclear about my kids who are staying with us for more than 5 years and they do have permanent residency card (Green Card).  During oath for myself and my wife - do i need to take kids along with me so they take Oath and get cizenship along with us or do i need to file seperately any form for my kids? I mean individual forms for my kids.

 

 

 

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Children under 18 cannot file N-400. If at the moment either of you become a US citizen (i.e. take the oath), your children are permanent residents, under 18, living in the US with you, they automatically and involuntarily become US citizens under INA 320. They do not need to be with you when you take the oath, and they do not need to take an oath or do anything else. It is automatic. As US citizens, they can apply for US passports immediately. They an also apply for a Certificate of Citizenship (which requires taking an oath), but this is unnecessary and a big waste of money.

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  • 1 month later...

A child's eligibility for US citizenship by naturalization can happen by filing an N-400. A permanent resident child who has a US Citizen parent can automatically become a US Citizen under the applicable sections of the Child Citizenship Act. This CCA-type of automatic acquisition does not involve an oath. In such a situation it is generally recommended that one verifies their child's status by filing a properly documented application for a US passport, the issuance of which will confirm the child's citizenship status. Once a US passport is issued, one can but is not required to apply for a Certificate of Citizenship, which is essentially a USCIS record of confirmation of that status. 

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