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casualuser

Naturalization vs 14 year old GC renewal

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I am reposting my message on this forum as I think it is more relevant:
 
My situation is somewhat involved. In principle I would like to do everything according to the law, but I think in my particular situation, whatever I do, it will be confusing and not 100% compliant.
 
Both me any my wife are in the process of applying for citizenship. By law, our son is required to apply for a GC renewal after he turns 14, even though his green card says it is valid until 2022. There is a rule that if we apply for the renewal within 30 days after his birthday, the only fee we pay is a biometric fee. We could take advantage of this 30-day rule and submit an I-90 application now, but processing usually takes a few months, up to 6 months. Assuming the optimistic scenario that we pass our interviews with no problems, we could naturalize within 30 days from now, which would render our kid's application moot - he becomes a citizen before his new green card is issued. But there are opinions, which I found by googling around, that since his green card is not valid after he is 14 years old, it cannot be used for applying for a passport. But the new card cannot be issued, since according to USCIS he is an US citizen before they complete his GC replacement process.
 
I think this is a very theoretical question, as for all practical purposes it is best not to apply for the GC replacement at this very moment. But can be his old green card contested by the State Department when applying for a passport? Is any way to find a legally correct solution or we are facing legal entanglement that cannot be solved?

 

I found  that a very few people are aware that a 14-years old green card holder is required to renew his/her green card, that also includes CBP agents.

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If you are concerned about your son's green card situation here is my advice:

 

His green card is still valid until 2022, apply for naturalization. 

Once you Naturalize, he becomes a citizen automatically because of you and because he is under 18.

Save that fee you were going to use for his I90 and use it for a passport and maybe after that N600 (although it's so expensive, I would invest it in to close his case for good with USCIS)

 

FYI: a passport is good enough as proof of citizenship, N600 will make able to renew his passport in the future without the need of your naturalization certificate. 

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26 minutes ago, silkafi88 said:

If you are concerned about your son's green card situation here is my advice:

 

His green card is still valid until 2022, apply for naturalization. 

Once you Naturalize, he becomes a citizen automatically because of you and because he is under 18.

Save that fee you were going to use for his I90 and use it for a passport and maybe after that N600 (although it's so expensive, I would invest it in to close his case for good with USCIS)

 

FYI: a passport is good enough as proof of citizenship, N600 will make able to renew his passport in the future without the need of your naturalization certificate. 

Thanks for your reply!

 

What you are saying is the practical solution that I mentioned at the end of my post.

 

1. The card says it is valid until 2022, but USCIS requires renewal after 14th birthday. So, legally, I am required to apply for his renewal ASAP.

2. I know that a passport, or even better, a passport card are sufficient as a proof of citizenship, although USCIS claims a certificate could occasionally be needed.

3. Some people say that the Department of State might reject my son's green card as not valid because it was not renewed after he turned 14 as required by law. A green card and a proof of parent's citizenship are needed to apply for a passport. I think it is unlikely, but a legal possibility.

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39 minutes ago, casualuser said:

Thanks for your reply!

 

What you are saying is the practical solution that I mentioned at the end of my post.

 

1. The card says it is valid until 2022, but USCIS requires renewal after 14th birthday. So, legally, I am required to apply for his renewal ASAP.

2. I know that a passport, or even better, a passport card are sufficient as a proof of citizenship, although USCIS claims a certificate could occasionally be needed.

3. Some people say that the Department of State might reject my son's green card as not valid because it was not renewed after he turned 14 as required by law. A green card and a proof of parent's citizenship are needed to apply for a passport. I think it is unlikely, but a legal possibility.

I'll be honest with you I didn't see anybody who renewed their kids green card after the age 14, you might want to check with USCIS or a lawyer who will give you the best advice with DOS regarding the passport. But I don't really see a reason to renew it when it's already valid. 

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But this is a legal requirement, as per this link: https://www.uscis.gov/green-card/after-green-card-granted/replace-green-card#when 

When to Replace A Green Card

You will need to replace your green card if:

  • [...]
  • Your card was issued to you before you were 14 and you have reached your 14th birthday (unless your card expires before your 16th birthday)
  • [...]

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