CaliforniaBride

Hi, it's been a while!

I have a question about Naturalizing. I'm here as a Permanent Resident. I've been eligible to naturalize for a few years now. Just now getting around to it. I think I may have a problem. My son is 18 early next year, here as a PR too. Do I have to have filed before he reaches 18 for him to get naturalization too? I just didn't get around to it and now I am concerned his age will be a problem. Will it?

JAJ

If you don't become a citizen (ie, take the Oath) before his 18th birthday, he has to file for naturalization independently. As long as he meets the 5 year residence threshold (sounds like he does) and does not have a problem with any of the other naturalization criteria, he should be eligible.

He can do that once he is 18. No sooner. Obviously, he would have to attend interview, oath ceremony, etc, himself.

He needs to register with selective service as soon as he is 18, in case you are not already aware, otherwise he won't be eligible for citizenship.

ian-mstm

Filing before he turns 18 won't help at all. You must naturalize as a US citizen before he turns 18 if you want him to automatically become a US citizen at the same time as you.

If, however, you don't become a USC before he turns 18, he can file on his own once he turns 18, has been a PR for 5 years, and is otherwise eligible.


No. As JAJ notes, he must register for selective service once he turns 18 or he will not be eligible to naturalize until he turns 31.

Ian

S Folinsky

If Dad naturalizes before kid turns 18, the kid has derivative naturalization. He does NOT need five years of residence -- he just needs to be an LPR. In fact, there are times where the admission to LPR is the LAST condition to be satisfied -- the very act of obtaining LPR causes it to go "poof."

[The cut-off age used to be 16. There have been cases where the conditions were met after the kid turned 16, but before 18. If the law changed before the 18th birthday, there was naturalization. There have been instances of criminals saved from removal because of that.]

CaliforniaBride

Thanks guys. (You still here Ian? LOL)

Looks like he will have to naturalize himself. Bugger! LOL. Is the process exactly the same for him as it would be for me? Seems like the only difference would be the cost. Will have to pay two lots of naturalization fees! Ugh!

ian-mstm

If you believe some posters, I'm always here... apparently!


Yes.


Alas, yes... you should have started sooner! I know... water under the bridge!

Ian

Michael

In some cities, naturalization has been quick (about 4-5 months) so depending when your son turns 18, there still may be time.

crg

I agree with the bulk of this with an extremely rare exception. I read one case where an IR2 was admitted as an LPR, but merely stayed for a short visit in a hotel with the USC parent before departing back to the home country. It was determined that the requirements of CCA2000 were not met.

JAJ

Same process. Except that he has to wait until age 18 before he can apply. He can't apply sooner.

Cost ... if you manage to naturalize before he's 18 and he becomes a U.S. citizen that way, he doesn't automatically get his own citizenship certificate. He would have to file an N-600 to get one and the cost for that is (normally) $600, unless a fee waiver applies. So there's not much different in cost terms.