Naturalization for minor step-son

[Lagavulin 2]

My step-son immigrated 18 months after his mother. His mother has already received her 10 year GC and is in the N-400 process for citizenship. I have just submitted my step-son's package to remove conditions on his GC. My question is this: Since he will be eligible for immediate citizenship when his mother gets hers, how/when do I submit his N-400? After she receives her citizenship, or after she passes the test/interview?

Thanks in advance

[Hypnos 6,576]

He will automatically become a US citizen under the Child Citizenship Act when all of the following are true:

(i) he is under 18 years old.

(ii) he has at least one US citizen parent, who is a US citizen by birth or naturalisation.

(iii) he is in the legal and physical custody of that US citizen.

(iv) he is an LPR.

They do not have to be done in any set order, but on the day that they are all true he becomes a US citizen automatically.

Edited April 14, 2015 by Hypnos

[Lagavulin 2]

Thank you for the quick, and informative reply! What will the process be to get him his certificate of naturalization? Do I still need to file an N-400?

also, what will be necessary to prove that he is n the legal custody of his mother? His father and my wife were never married, and she is listed as mother on my step-sons birth certificate.

He will automatically become a US citizen under the Child Citizenship Act when all of the following are true:

(i) he is under 18 years old.

(ii) he has at least one US citizen parent, who is a US citizen by birth or naturalisation.

(iii) he is in the legal and physical custody of that US citizen.

(iv) he is an LPR.

They do not have to be done in any set order, but on the day that they are all true he becomes a US citizen automatically.

[Hypnos 6,576]

You would not file an N-400. After he automatically acquired his citizenship through the CCA you could file an N-600 to obtain a Certificate of Citizenship, but it's voluntary. Instead, many people jump right to a US passport, which also serves as proof of US citizenship.

You can see how to file directly for his US passport here: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html (scroll down to "How does the child get a passport...).

I don't think there is any set procedure for showing he is in the legal custody of his mother; the child's birth certificate showing their US citizen parent is a required document though, as is a copy of his current green card. If he has an I-751 pending then a copy of the extension letter / receipt NOA should also be enclosed. You can see the other necessary documents at the link above.

Edited April 15, 2015 by Hypnos

[wendy198 1]

Do any of you know if my stepson will automatically become a U.S. citizen when my husband (his father) goes for his citizenship? Here's the situation:

My husband entered as legal permanent resident on November 11 2012.

Stepson entered as LPR September 2014 and lives with us.

Stepson will turn 18 on November 5 2015.

Sounds like I will just miss it but someone said my husband can file for naturalization 3 months earlier than his 3-year mark, when stepson is still 17.

Ideas?

[Hypnos 6,576]

Your husband's oath ceremony would need to be before your stepson's 18th birthday to qualify under the CCA; it makes no difference when your husband files, it only matters that he becomes a US citizen before your stepson turns 18.

[Lagavulin 2]

Exactly what I was looking for! Thank you for the great info.

You would not file an N-400. After he automatically acquired his citizenship through the CCA you could file an N-600 to obtain a Certificate of Citizenship, but it's voluntary. Instead, many people jump right to a US passport, which also serves as proof of US citizenship.

You can see how to file directly for his US passport here: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html (scroll down to "How does the child get a passport...).

I don't think there is any set procedure for showing he is in the legal custody of his mother; the child's birth certificate showing their US citizen parent is a required document though, as is a copy of his current green card. If he has an I-751 pending then a copy of the extension letter / receipt NOA should also be enclosed. You can see the other necessary documents at the link above.