I-751 and Citizenship

[cheanneddie 0]

Hi,

I'm new here on VJ and I hope somebody can help me on my problem regarding my two daughters' conditional status.

Here's the situation: My two daughters (7 y/o and 9 y/o) got here almost 2 years ago, and we recently received a letter from USCIS stating that our children have to file a I-751 because their conditional permanent resident status will expire on April 13, 2014.

I'm also planning to apply for citizenship this February and include our children on it.

Now my question is, do I just let their green cards expire in April since I'm including them on my citizenship application or should we file for I-751 as well?

I will greatly appreciate your answers. Thanks!

[Penguin_ie 5,986]

*** Moving from AOS to Removal of Conditions forum *****

[Hypnos 6,576]

Under the auspices of the Child Citizenship Act (2000) they will automagically become US citizens on the day you do if all of the following are true: (i) they live in your legal and physical custody, (ii) they are under 18 on that day, (iii) they are LPRs.

If you're applying for citizenship in February, it's certain that you won't receive approval on that before their green cards expire in April. Since they would no longer satisfy (iii) then they wouldn't become citizens when you did.

Bottom line: you should file an I-751 for them to preserve their LPR status, but they will likely become US citizens under the CCA before that I-751 is adjudicated.

[cheanneddie 0]

Thank you so much Hypnos! That makes perfect sense. I guess we really have to file I-751 soon for our daughters. Do you happen to know if we have to file separate I-751 (s) for each of our daughters which means pay $590 each for both?

[Hypnos 6,576]

Since there is no principal applicant here, I do believe you will need to file separate applications for each child.