Children below 18 N-400


Recommended Posts

Hi I got married 5 yrs ago and my wife was a divorce with a 5 yr old. Now he is 10 years and we want to apply  for USA citizenship. Both are still in conditional green card (I-751 extension) . Should I apply 2 petitions for citizenship (N-400) ? Or can I include the kid in mother’s petition itself .  Or do I need to wait for mother N-400 to be approved and then get citizenship certificate for kid ? If moms N-400 petition takes another 2 yrs to approve , should I wait till mom got her citizenship first to apply for kid? Please guide me . 

Link to comment

Someone under 18 cannot file N-400. There is no such thing as "including" someone on N-400. (The N-400 does ask about the person's spouse and all children, and she would have to answer the questions truthfully, regardless of where those children are or what their status are.)

Rather, if at the time she becomes a US citizen, her child is a permanent resident (i.e. green card holder), under 18, and living in the US with her, that child will automatically become a US citizen under INA 320. It is automatic; no action is necessary. The get proof of citizenship for the child, you can simply apply for a US passport for them (or the child can apply for one themselves when they are old enough). You do not need to get them a Certificate of Citizenship before getting a US passport. You could get a Certificate of Citizenship for them if you want, but it is very expensive ($1,335 online or $1,385 by paper), and doesn't do much that a US passport can't do.

Link to comment

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.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...