digbydog

We have been on green cards (I came on a L1A) for 4 years and my family, are looking to naturalize at the end of the year. As with everything involving immigration there are some possible complications especially as I would prefer not to naturalize:

1. My two eldest children are 18 and 16 years old from my first marriage. I am guessing the eldest can naturalize by himself as he is 18 years old. The problem is the younger son who will be 17 years old. Can he naturalize on the back of his step mother or does he need to wait until he is 18?

2. Next problem is the eldest boy who will be attending university in Europe next year and will not be in the USA. What are his options to naturalize. Can he fly back and forth for the biometrics and oath ceremony and do the one day express passport application etc so he can exit as a USC. Anyone ever done this?

3. I also have a 5 year old with my wife. I guess the little one can naturalize with my wife only. Correct?

Thanks in advance

DD

crg

Is the stepmother the legal parent of the child who will be 17 years old? Was there a full and final adoption? If not, then the step mother's naturalization may not do the trick but it would for the 5 yr old.

ian-mstm

Yes - as long as he's been a PR for 5 years (although the application can be submitted up to 90 days prior to that anniversary).


He certainly could if you naturalized - but I guess that's not an option for him. I'm not sure if he can naturalize via his stepmother. Hopefully someone else will know the answer to that. Regardless, he can apply himself once he turns 18 and has been a PR for 5 years (less 90 days as above).


You're talking about the 18-year old, right?


Yes, yes, yes, and yes. Note that he can exit the US at any time without a US passport - since there is no immigration exit control in the US. As long as he has a US passport when he returns, he'll be fine. He can apply for a US passport while he's in Europe if that's easier.


Yes.

Ian

MarylandNed

Although by US law, USCs are supposed to leave/enter the US using a US passport.

http://travel.state.gov/content/trav...tionality.html

"Most U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. nationality."

ian-mstm

I'm aware of the law... but, since no one is going to check, no one is going to either know or care! You know that; I know that; everyone knows that! But, as you say, it's the law - ineffective though it may be!

Ian

crg

The violation is pursued as much as cutting the tag off of a mattress or venturing out without the green card. Going out without the green card is a misdemeanor with a max sentence of $100 or 30 days. I believe a person can be required to pay a fee/fine/penalty for traveling without their US passport, but I haven't heard of that being enforced for the past 15 years or so.

henryh

I don't understand why the younger son wouldn't be "automatically" naturalized by virtue of your (his father's) naturalization, under the Child Citizenship Act. The question of whether the stepmother counts as a parent for immigration purposes shouldn't be relevant?


EDIT: Ah, I missed your note that you would prefer not to naturalize. Never mind.

MarylandNed

Not everyone knows this law so when you advise someone to do something which you know is technically against the law, I think you should say so regardless of what you think about enforcement or penalties. Then they (and anyone else reading your post) will have all the facts with which to make a decision.

sir_eccles

Plus, can anyone definitively say that someone like the NSA hasn't been doing something nefarious with APIS data and tracking the movements of USCs as they leave the country?

crg

Yes..... and once they have the list of people to fine for not traveling with their US passport.... the NSA will collect one miiiiillion dollars....

sir_eccles

Oh, you joke now...