Shortcut to Citizenship for my Stepson?

[un_conventional 0]

I am a US citizen (born here) and I am married to a UK citizen who is a permanent resident, conditional status removed. He is also eligible to naturalize this December (3 years on his green card).

His son (my stepson) is about to apply for a green card and move to the USA with us. He is 16, will be 17 in July.

Firstly, am I correct in saying I can petition for him as his stepmother and that that would be preferable to his father petitioning? Or am I not allowed to do that since I am not his adoptive parent?

And secondly, is there any shortcut to citizenship for him considering his father will be a citizen (hopefully!) shortly?

Thanks so much!

[apple21 953]

You, as the stepmom, can file i-130 for him now. He will immigrate in (more or less) a year.

Edited April 30, 2013 by apple21

[un_conventional 0]

OK great, thanks. So my second question is, once his father is a citizen does that make it easier for him to become one more quickly? How long will it be before he can become a citizen?

[N400-2011 24]

OK great, thanks. So my second question is, once his father is a citizen does that make it easier for him to become one more quickly? How long will it be before he can become a citizen?

Scenario 1: If your stepson enters the US as a permanent resident before he is 18 and his father becomes a US citizen after this but before he is 18, he will automatically become a US citizen (in the legal and physical custody of his US citizen biological parent).

Scenario 2: If your husband becomes a US citizen before his son's 18th birthday, and then his son arrives in the US (again, before the age of 18) as a permanent resident - he immediately becomes a US citizen (a second after he is admitted as a resident).

If either of these occurs, then you can apply for his US passport and/or card using his father's naturalization certificate as evidence. You can also apply for the N-600 Application for Certificate of Citizenship which costs $600.

You will need written permission from his mother to apply for the passport (requirement is that both parent's are supposed to be present otherwise)

Refer to this link on the USCIS website for Citizenship through Parents: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Edited April 30, 2013 by N400-2011

[un_conventional 0]

Thanks! That's what I was hoping you'd say.

So basically if he turns 18 on July 11 2014, and his father can apply to naturalize on Dec 3rd 2013 - it's a close call but if all went well we'd:

1. Apply for stepson's green card now.

2. Apply for father to naturalize Dec 3rd.

3. Hopefully he would naturalize before July 11th 2014 and therefore have automatic citizenship and be able to file N-600 or just apply for passport.

As long as he moves in with us in the US once he has his green card and remains resident here through N-600 application?

Is that an unrealistic time frame?

[N400-2011 24]

Thanks! That's what I was hoping you'd say.

So basically if he turns 18 on July 11 2014, and his father can apply to naturalize on Dec 3rd 2013 - it's a close call but if all went well we'd:

1. Apply for stepson's green card now.

2. Apply for father to naturalize Dec 3rd.

3. Hopefully he would naturalize before July 11th 2014 and therefore have automatic citizenship and be able to file N-600 or just apply for passport.

As long as he moves in with us in the US once he has his green card and remains resident here through N-600 application?

Is that an unrealistic time frame?

Remember that your husband can file his N-400 90 days (NOT three months) before his 3rd anniversary as an LPR, so if the actually anniversary of his LPR status is Dec 3, 2013 - subtract 90 days from that and you would have more wiggle room.

If your stepson is in the US, even if it's only for a short time before his 18th birthday when his father naturalizes, he will be a US citizen. If he's even one day older than 18, then he would have to wait 5 years to naturalize on his own.

It really is cutting it close

[un_conventional 0]

Wow thanks I didn't realize about the 90 day thing that could make all the difference! Yay wiggle room!

Appreciate everyone's advice so much. It's exciting, I think we can make this work.

[N400-2011 24]

Wow thanks I didn't realize about the 90 day thing that could make all the difference! Yay wiggle room!

Appreciate everyone's advice so much. It's exciting, I think we can make this work.

Great! Yes, 90 days before the three year anniversary on the green card. You can use the calculator on the USCIS website: http://www.uscis.gov/dateCalculator.html

I actually applied 3 days after my 90 days had started just to be on the safe side.

[justashooter 430]

if he agrees to vote democrat in the next election i think eric holder has a special category for him.

[Cloud-9 3]

On 4/30/2013 at 11:22 AM, N400-2011 said:

Scenario 1: If your stepson enters the US as a permanent resident before he is 18 and his father becomes a US citizen after this but before he is 18, he will automatically become a US citizen (in the legal and physical custody of his US citizen biological parent).

Scenario 2: If your husband becomes a US citizen before his son's 18th birthday, and then his son arrives in the US (again, before the age of 18) as a permanent resident - he immediately becomes a US citizen (a second after he is admitted as a resident).

If either of these occurs, then you can apply for his US passport and/or card using his father's naturalization certificate as evidence. You can also apply for the N-600 Application for Certificate of Citizenship which costs $600.

You will need written permission from his mother to apply for the passport (requirement is that both parent's are supposed to be present otherwise)

Refer to this link on the USCIS website for Citizenship through Parents: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

 

As per the USCIS for a child under 18 "who currently lives outside the US" to derive citizenship through their "biological" parent, the parent must have resided in the USA for at least five (5) years

 

Stepchildren of U.S. citizens are generally not able to derive citizenship through their stepparent unless they have been adopted and the adoption meets certain requirements.

 

Is this correct?:

 

1-

Children of U.S. Citizens Residing Outside the United States:
Children residing outside of the United States may obtain citizenship under Section 322 of the INA. A child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:

 

The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization; 
The child’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;  
The child is under 18 years of age;
The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization. 

Source:
https://www.uscis.gov/us-citizenship/citizenship-through-parents

 

2-

Who is eligible?
Children who are born abroad to U.S. citizen parent(s) might be eligible to derive or acquire U.S. citizenship through their parents if the parent(s) and the child meet certain requirements. 

The requirements for acquiring or deriving U.S. citizenship vary.  Whether a person is a U.S. citizen at birth or becomes one after birth will depend on a number of factors.  

These factors, can include:

The child’s date of birth,
The citizenship and marital status of the parent(s),
The parent’s physical presence and residence in the United States before the child’s birth,
Whether the child was born in or out of wedlock,
Whether the child was legitimated by the parent under the applicable laws, or
Whether the child is adopted.
Stepchildren of U.S. citizens are generally not able to derive citizenship through their stepparent unless they have been adopted and the adoption meets certain requirements.

Source: https://my.uscis.gov/exploremyoptions/citizenship_through_parents

 

3-

C. Physical Presence of the U.S. Citizen Parent or Grandparent [7]
1. Physical Presence of Child’s U.S. Citizen Parent
A child’s U.S. citizen parent must meet the following physical presence requirements:

•The parent has been physically present in the United States or its outlying possessions for at least five years; and

•The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.

Source: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html#S-C 

Edited February 9, 2019 by StarRod