Citizenship for my child.

[JakeMetal 0]

I've looked a bit online and hit a road block. Hopefully someone has experience with this and can lend some knowledge.

We filed for my Wife and Son at the beginning of 2014. My son was 17 at the time. We filed hoping that we'd get the interview before his 18th birthday in February of 2015. We did not hear back from the Gov't till mid January. The interview was set for after his birthday. My wife intended on asking the agent about this when she was in the interview but understandably she was overwhelmed by it all. Does my Son get citizenship since the N-400 was filed before his 18th birthday? Thanks

[aaron2020 11,651]

No. He has to be under 18 on the day his parent becomes a citizen.

Your son will have to naturalize on his own.

[JimmyHou 610]

I've looked a bit online and hit a road block. Hopefully someone has experience with this and can lend some knowledge.

We filed for my Wife and Son at the beginning of 2014. My son was 17 at the time. We filed hoping that we'd get the interview before his 18th birthday in February of 2015. We did not hear back from the Gov't till mid January. The interview was set for after his birthday. My wife intended on asking the agent about this when she was in the interview but understandably she was overwhelmed by it all. Does my Son get citizenship since the N-400 was filed before his 18th birthday? Thanks

First of all, you couldn't have filed for your son... the N400 application is only for people over 18 and is for only one person.

So what happened is that your wife filed an application for herself. If she had been naturalized before your son turned 18 then he would have become a citizen automatically (assuming he had a valid green card). Since that didn't happen, your son is still a permanent resident. I just wanted to clarify that your son was never part of your wife's N400 application, he was just listed as a relative just like you were.

So what has to happen now is that your son has to file his own N400 when he qualifies; after being a permanent resident for 5 years (he can apply 90 days early). Use the "Resident Since" date on his green card, add 5 years and take away 90 days. He can apply any time after that provided that he meets the physical presence and continuous residents requirements for naturalization.

Note that he may be asked to demonstrate that he isn't already a US citizen... he can show that he didn't become a citizen through his mother by showing that she got her naturalization certificate after he turned 18... if you are a US citizen, he'll also have to show that he didn't get citizenship through you.