need some opinions

[wally 0]

We received our 10 PR cards in March 09. He turned 14 in Aug. 09. Don't I find out recently that he now needs a new card cause he turned 14. I sent the I-90 in last month with the $80 biometric fee. It's rejected for wrong fees sent. I called and am told because we are out of the 30 day window of when he turned 14 that I now need to send $370 instead. What I'd ike an opinion on is....since his current PR card is good until he is 16 (from what I understand), should I apply for US Citizenship and spend $675 plus whatever other fees if there are any, knowing that he will naturalize under me or get him just renew his PR card. It seems like an easy answer but I think I'm hoping that his 10 year card is still good for 10 years and I can catch a break from paying anymore fees and it didn't occur to me that every 10 years we'd have to pay more fees.

US citizenship is not a problem, just procrastinating on more paperwork, fees and travelling 6 hours for the closest test.

[aleful 1,905]

We received our 10 PR cards in March 09. He turned 14 in Aug. 09. Don't I find out recently that he now needs a new card cause he turned 14. I sent the I-90 in last month with the $80 biometric fee. It's rejected for wrong fees sent. I called and am told because we are out of the 30 day window of when he turned 14 that I now need to send $370 instead. What I'd ike an opinion on is....since his current PR card is good until he is 16 (from what I understand), should I apply for US Citizenship and spend $675 plus whatever other fees if there are any, knowing that he will naturalize under me or get him just renew his PR card. It seems like an easy answer but I think I'm hoping that his 10 year card is still good for 10 years and I can catch a break from paying anymore fees and it didn't occur to me that every 10 years we'd have to pay more fees.

US citizenship is not a problem, just procrastinating on more paperwork, fees and travelling 6 hours for the closest test.

he cannot naturalize under you. once you become a USC, you can file the N600 which is over $400

[JAX1 1]

This journey is a once in a lifetime thing. I recommend you do it right and pay the correct fees. Otherwise, it will come back to bite you

[NickD 203]

he cannot naturalize under you. once you become a USC, you can file the N600 which is over $400

Step daughter could have tailgated her mom if she didn't turn 18 first, and with the USCIS, 90 days means 90 days, and 18 years of age means 18, not 18 and two weeks old.

In my opinion a kid of 14 should have a say in this process, here more reading is required if he applies on his own, kids tailgating their naturalized parent don't have to do anything except show up, not sure whether he would have to take the test or not. But if so, he will have to study for it. Also assume the five year rule will apply to him for duration of his LPR card.

All this information should be in the M-476 manual, a free download from the USCIS, can either download and read it, or hire an attorney.

[sunny808 1]

We received our 10 PR cards in March 09. He turned 14 in Aug. 09. Don't I find out recently that he now needs a new card cause he turned 14. I sent the I-90 in last month with the $80 biometric fee. It's rejected for wrong fees sent. I called and am told because we are out of the 30 day window of when he turned 14 that I now need to send $370 instead. What I'd ike an opinion on is....since his current PR card is good until he is 16 (from what I understand), should I apply for US Citizenship and spend $675 plus whatever other fees if there are any, knowing that he will naturalize under me or get him just renew his PR card. It seems like an easy answer but I think I'm hoping that his 10 year card is still good for 10 years and I can catch a break from paying anymore fees and it didn't occur to me that every 10 years we'd have to pay more fees.

US citizenship is not a problem, just procrastinating on more paperwork, fees and travelling 6 hours for the closest test.

In general, it is mandatory for the child who turns 14 to apply for a new card. By law, an LPR should carry valid proof of legal residency, meaning the green card should technically be unexpired. If you are going to naturalize anytime soon and have no travel plans, you can just wait for that and apply for a U.S. passport for your 14 year old after you get your naturalization certificate. If you plan on traveling, then it would be advisable to get the card renewed as it can cause problems at the border. There are accounts of children who failed to get a new card when they turned 14 having no problems at the border or POE. However, I would not risk having an invalid green card now that border screenings are getting tighter and tighter.

Edited April 7, 2010 by sunny808

[Brother Hesekiel 2,236]

+1.

Right on the money.

[NArocks 13]

he cannot naturalize under you. once you become a USC, you can file the N600 which is over $400

Pleaase do not give out incorrect information a child under 18 is a US citizen if they have lived in the US as an LPR and their parent Naturalizes before they turn 18. All that is needed is the BC and the parents US passport. You mail it off to the passpoort office and all is good. The N600 is just a piece of paper that costs $400.00. Some like to have it but it is not needed for the child to get citizenship.

As far as the card at 14 yes that was my question when we did the bio for the I-751 so hopefully since my son turns 14 in August we will not need it. Maybe they will wait for August to send the card

At the BIO they went in and spoke to a supervisor and changed the prints from code 2 to code 3 whatever that means

[NArocks 13]

Here si the info on the Child Citizenship act Child Citizenshipo Act

quoted from here

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

Have at least one American citizen parent by birth or naturalization;

Be under 18 years of age;

Live in the legal and physical custody of the American citizen parent; and

Be admitted as an immigrant for lawful permanent residence.

In addition, if the child is adopted, the adoption must be full and final.

What Is the Effective Date of the Child Citizenship Act?

The effective date of the Child Citizenship Act is February 27, 2001. Children who met these requirements on that date automatically became American citizens. Children who were 18 years of age or older on that date did not acquire American citizenship from the Child Citizenship Act of 2000.

What Happens When the Child is Adopted in the United States?

A child who enters the United States on an IR4 visa (to be adopted in the United States) will acquire American citizenship when the adoption is full and final in the United States.

How Does a Child Show Lawful Permanent Residence?

A child who has lawful permanent residence (LPR status) will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child's passport. This stamp shows the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident.

Must the Child Get a Certificate of Citizenship? You do not have to apply for a certificate of citizenship for your child. If you want to apply for a certificate, please go to How to Get a Certificate of Citizenship for your Child for instructions.

[NickD 203]

Here si the info on the Child Citizenship act Child Citizenshipo Act

quoted from here

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

Have at least one American citizen parent by birth or naturalization;

Be under 18 years of age;

Live in the legal and physical custody of the American citizen parent; and

Be admitted as an immigrant for lawful permanent residence.

In addition, if the child is adopted, the adoption must be full and final.

What Is the Effective Date of the Child Citizenship Act?

The effective date of the Child Citizenship Act is February 27, 2001. Children who met these requirements on that date automatically became American citizens. Children who were 18 years of age or older on that date did not acquire American citizenship from the Child Citizenship Act of 2000.

What Happens When the Child is Adopted in the United States?

A child who enters the United States on an IR4 visa (to be adopted in the United States) will acquire American citizenship when the adoption is full and final in the United States.

How Does a Child Show Lawful Permanent Residence?

A child who has lawful permanent residence (LPR status) will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child's passport. This stamp shows the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident.

Must the Child Get a Certificate of Citizenship? You do not have to apply for a certificate of citizenship for your child. If you want to apply for a certificate, please go to How to Get a Certificate of Citizenship for your Child for instructions.

My step daughter meets the above in bold print requirements, except she barely turned 18 when her mom was naturalized. So she has to wait the full five years before applying, less the 90 days of course before sending in her application. Plus an extra $675.00 for her application. She was still in high school at the time and fully depended. Wonder why they picked 18 as the cutoff age.

The age limit for a child of an immigration whereby a USC can petition for that unmarried child is 21. But at least my step daughter was able to tailgate her mom with the removal of conditions.

Unclear as to why the OP is not applying for USC so the son can tailgate.

[cindaroo64 0]

Ok...am I understanding this right? A child who has a 10 year green card has to apply for a new card if they turn 14 before the 10 year card expires?? We got our green cards in April 2004 when my daughter was 9 years old. It expires in April 2014...but she turned 14 last year.....what did I miss? do I need to get her another one? great....thanks

[NArocks 13]

Ok...am I understanding this right? A child who has a 10 year green card has to apply for a new card if they turn 14 before the 10 year card expires?? We got our green cards in April 2004 when my daughter was 9 years old. It expires in April 2014...but she turned 14 last year.....what did I miss? do I need to get her another one? great....thanks

A little off topic here but yes. It states this on the I-90 form instructions look under who may file this form. I-90 Instrcutions

This should be done within 30 days of the child turning 14. As the child has not had any biometrics until this point they want to maek sure they have the fingerprints etc is all I can figure

[NickD 203]

Ok...am I understanding this right? A child who has a 10 year green card has to apply for a new card if they turn 14 before the 10 year card expires?? We got our green cards in April 2004 when my daughter was 9 years old. It expires in April 2014...but she turned 14 last year.....what did I miss? do I need to get her another one? great....thanks

I guess so, my step daughter was 14 when she received her conditional card, but I never heard about this either. She did get her ten year card at 16 years of age.

From http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d0a33a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=d0a33a4107083210VgnVCM100000082ca60aRCRD

"When to Replace A Green Card

You will need to replace your green card if:

• Your previous card was lost, stolen, mutilated or destroyed
• 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)
• You have been a commuter and are now taking up actual residence in the United States
• You have been a permanent resident residing in the United States and are now taking up commuter status
• Your status has been automatically converted to permanent resident status (this includes Special Agricultural Worker applicants who are converting to permanent resident status)
• You have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151 – all no longer valid to prove your immigration status) and must replace it with a current green card
• Your card contains incorrect information
• Your name or other biographic information on the card has been legally changed since you last received your card, or
• You never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS)"

Does the USCIS tell you this or are you expected to search the web for all these rules you don't even know exist"

[aleful 1,905]

Pleaase do not give out incorrect information a child under 18 is a US citizen if they have lived in the US as an LPR and their parent Naturalizes before they turn 18. All that is needed is the BC and the parents US passport. You mail it off to the passpoort office and all is good. The N600 is just a piece of paper that costs $400.00. Some like to have it but it is not needed for the child to get citizenship.

As far as the card at 14 yes that was my question when we did the bio for the I-751 so hopefully since my son turns 14 in August we will not need it. Maybe they will wait for August to send the card

At the BIO they went in and spoke to a supervisor and changed the prints from code 2 to code 3 whatever that means

what I meant was, is that the daughter cannot receive citizenship just by the mother filing the N400. If I misunderstood then I apologize. But the LPR mother must become a USC in order to naturalize her daughter, so we are on the same page.

under her meant not on the same N400 that she is filing, since she has to write down the name of her children, that doesn't mean that the daughter will be naturalized at the same time as the mother. I hope I made myself clear.

[sunny808 1]

what I meant was, is that the daughter cannot receive citizenship just by the mother filing the N400. If I misunderstood then I apologize. But the LPR mother must become a USC in order to naturalize her daughter, so we are on the same page.

under her meant not on the same N400 that she is filing, since she has to write down the name of her children, that doesn't mean that the daughter will be naturalized at the same time as the mother. I hope I made myself clear.

Actually, a minor child under the custody of an LPR parent gains citizenship automatically by derivation (as opposed to naturalization) following the naturalization of the parent by operation of law. All the child needs to do following that is to obtain proof of citizenship, either by applying for a passport or by obtaining an N600 certificate.

[sunny808 1]

Actually, a minor child under the custody of an LPR parent gains citizenship automatically by derivation (as opposed to naturalization) following the naturalization of the parent by operation of law. All the child needs to do following that is to obtain proof of citizenship, either by applying for a passport or by obtaining an N600 certificate.

I'd like to add that obtaining a US passport or certificate is entirely optional but practical.

Edited April 8, 2010 by sunny808