Child is in US for continuous years

[vchithu]

Hi

My husband, son and I came to US in 2006. We are not GC holders. Will my son be eligible for citizenship if he stays continuously in US (in the same state as well) for 10 continuous years as a dependent of one of us.

Thanks

[pontevecchio]

He will only be a Citizen if born here.

[vchithu]

Thanks for replying.

[t75]

Are you here legally at this time?

[catx]

There is no granting of citizenship or permanent residency (green card) simply for years of continuous residency.

For example, my son and daughter have been in the U.S. continuously since 1996, done all their education in the U.S., and are now attending a U.S. university (my son graduates this May). With reference to my son, he turned 21 last year and 'aged out' for a derivative permanent residency (green card) . So after 16 years my son had to change from a H-4 visa to a F-1 visa to finish his degree, and will have to leave the U.S. when his F-1 visa expires -- no permanent residency (green card) let alone citizenship, regardless of years of continuous residency or when I eventually get my permanent residency (green card).

[t75]

But, Catx, as a LPR you can file for an unmarried child. I also assume, he will try to obtain an H-1B to keep a legal status until his priority date as a child of an LPR is current. The situation is not as bad as you portray. Recall that the main problem with the low numbers of work related green cards is the large number of "family reunification" green cards.

[catx]

t75, you are correct, at least in part. My son will be obtaining OPT employment authorization for when he graduates (with a B.Sc in biology) to work this summer. He was planning on working for a couple years under OPT and OPT STEM extension, and then going to do his Masters degree. He is now actively applying to graduate schools for this fall. Our hope is that there will be a 'STEM' visa by the time he graduates in 3 years with his Masters degree. I doubt that the family based F2B preference category ("unmarried sons and daughters (21 years of age or older) of permanent residents") will be applicable since it has a 8 year backlog, and under current laws, regulations, and rules my son cannot use my priority date.

The point of my first post was that there are no immigration benefits afforded simply for years of (legal) continuous residence in the U.S.