Help!! Minor child under 3 yrs in the USA with conditional GC

[pot121 1]

Hi,

Im filing for my N400 application soon. I just need to clarify, does my daughter 9yrs of age need to file a seperate N400 together with my application? Shes only been here for a year with Condtional GC. I have permanent GC and will apply for citizenship.

I heard that minor will automatically gain citizenship from parents but I also heard that if in case in the future something to me (died) she will lose it because she did not file naturalization?? Im just confused. Do i need to file n400 for her even if she does not meet the 3yr residency? I dont know if this is True.

Advice will be very much appreciated! Thanks!!

[Harpa Timsah 13,258]

A 9-year old cannot file for citizenship. She will get it when you do, as a derivative. It cannot be taken away once obtained. You can apply for a certificate for her, if you like, for your records.

[pot121 1]

Also do i need to send a biometrics fee for her?

Thanks Harpa!! That cleared everything! how about biometrics? do i need to see a xtra biometric fee for her?

[BigDaddy28 228]

Also do i need to send a biometrics fee for her?

Thanks Harpa!! That cleared everything! how about biometrics? do i need to see a xtra biometric fee for her?

Citizenship unlike ROC doesn't need no biometrics for kids. Once you get your citizenship she becomes a citizen as well as long as agree is under 18. Obviously she is. But no she doesn't need biometrics fee.

[Udella&Wiz 325]

To be clear you are applying for your own citizenship - you are not filing a separate N400 for her. This is 1 fee for your application only - $585 + $80 for the biometrics.

After wards you will get her US passport using your citizenship certificate as proof of your citizenship.

does that make sense?

[pot121 1]

Got it!! Thanks alot VJ friends!!

[GitmeOuttaHere 0]

I dont want to hijack this thread but, I am in a similar situation....

I am almost 2yrs into a 10 yr GC and myself and our 2 kids did the whole GC process to get here.

Can my Wife who is the USC just go and apply for a passport for them since they are under 18yrs?? or do they also have to wait 3 years like I do?

[girimurthy 5]

I dont want to hijack this thread but, I am in a similar situation....

I am almost 2yrs into a 10 yr GC and myself and our 2 kids did the whole GC process to get here.

Can my Wife who is the USC just go and apply for a passport for them since they are under 18yrs?? or do they also have to wait 3 years like I do?

the kids biological parent needs to be USC to apply for passport. So if the wife is the biological parent then yes she can apply for passports for the kids

[Harpa Timsah 13,258]

Is the USC wife the biological mother?

[aaron2020 11,651]

I dont want to hijack this thread but, I am in a similar situation....

I am almost 2yrs into a 10 yr GC and myself and our 2 kids did the whole GC process to get here.

Can my Wife who is the USC just go and apply for a passport for them since they are under 18yrs?? or do they also have to wait 3 years like I do?

If your wife is the biological mother or the adopted mother, the children are already US citizens for having met the 4 requirements of the Child Citizenship Act.

If your wife is the stepmother, the children can never gain US citizenship through her.

Edited February 3, 2014 by aaron2020

[GitmeOuttaHere 0]

My wife is the Bio mom....In this case was it really necessary for us to go thru the whole GC thing for them when we did back in 2012?

Basically it sounds like I have to wait my 3 yrs, but the kids are good to go.

[aaron2020 11,651]

My wife is the Bio mom....In this case was it really necessary for us to go thru the whole GC thing for them when we did back in 2012?

Basically it sounds like I have to wait my 3 yrs, but the kids are good to go.

Yes, it was completely necessary to get them green cards.

There are 4 requirements for automatic citizenship under the CCA;

1. The child has a USC parent (biological or adopted only - no stepparent), AND

2. The child lives with the USC parent, AND

3. The child is under age 18, AND

4. The child has been admitted as an LPR.

As you can see, no derivative US citizenship if the kids do not have LPR status (green card).

Edited February 3, 2014 by aaron2020

[nlclhc 1]

Sorry to interfere but I think that a kid born to a US citizen may already be an US citizen at birth:

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

[bdawn 66]

I dont want to hijack this thread but, I am in a similar situation....

I am almost 2yrs into a 10 yr GC and myself and our 2 kids did the whole GC process to get here.

Can my Wife who is the USC just go and apply for a passport for them since they are under 18yrs?? or do they also have to wait 3 years like I do?

Were they born before or after your wife became a U.S citizen (if her citizenship is by naturalization)? If your wife is a U.S citizen by birth, yes, she they're automatically U.S citizens. They obtained their citizenship right after they set foot on U.S soil. She can apply for U.S passport for them any time (just before they are 18 years, in which case they have to apply for naturalization themselves). If they were born after your wife became a U.S citizen (if your wife is a naturalized citizen) they are automatically U.S citizens right when they set foot on U.S soil. She can apply for U.S passport for them using her naturalization certificate.

[Ontarkie 13,969]

~~One post removed for being unnecessarily rude, and one post quoting-- you can make your point without the rudeness it is not needed. ~~

Post return to view without the said comment

Not all children born abroad to US citizens are automatically US citizens. A US citizen parent can have a non-US child at birth.

Furthermore, foreign born children who reside abroad do not gain US citizenship when a parent does.

If you had read carefully, you would have noticed that USC biological mom had to petition for her children. A US citizen child can never get a green card or immigration visa. The only reason the OP's children got green cards was because the US Embassy determined they were not US citizens when they applied for immigrant visas.