Jump to content
pgupta

3 Year of 5 Year rule for IR-2 child for Naturalization

8 posts in this topic

Recommended Posts

My Wife came to USA in Jan 2013 with IR-1 visa. her son (my step son) came with IR-2 visa. during US entry he was under 18, now he is over 18. They will be completing 3 years soon in US.

I know my wife can apply for naturalization after 3 year, can my stepson apply for Naturalization after 3 year or he has to wait 5 year?

Share this post


Link to post
Share on other sites

Your stepson will be able to apply 90 days before the five year anniversary of his "Resident since" date on his green card.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

According Child Citizenship Act of 2000, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:​

The child has at least one parent, including an adoptive parent​ who is a U.S. citizen by birth or through naturalization;​

The child is under 18 years of age;​

The child is an LPR; and​

The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​

Therefore, he might automatically acquires US Citizenship from you. You just have to submit Form N600 with appropriated fee, and required documentation to get Certificate of Citizenship and/or apply US Passport for him. Once again, by law, he might be already a US Citizen whether he applies for proof of US Citizenship or not so that he does not need apply for N400 procedures. And because you are not his biological Father, and you have to submit enough documentation, such as proof of your marriage before he turns 18, proof of "legal and physical custody", I suggest you to consult with an immigration lawyer.

Good luck

Edited by boy15

Share this post


Link to post
Share on other sites

According Child Citizenship Act of 2000, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:​

The child has at least one parent, including an adoptive parent​ who is a U.S. citizen by birth or through naturalization;​

The child is under 18 years of age;​

The child is an LPR; and​

The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​

Therefore, he might automatically acquires US Citizenship from you. You just have to submit Form N600 with appropriated fee, and required documentation to get Certificate of Citizenship and/or apply US Passport for him. Once again, by law, he might be already a US Citizen whether he applies for proof of US Citizenship or not so that he does not need apply for N400 procedures. And because you are not his biological Father, and you have to submit enough documentation, such as proof of your marriage before he turns 18, proof of "legal and physical custody", I suggest you to consult with an immigration lawyer.

Good luck

No, stepchild does not count. Only if he adopted his stepchild would it count for INA 320 purposes.

Share this post


Link to post
Share on other sites

No, stepchild does not count. Only if he adopted his stepchild would it count for INA 320 purposes.

Opss, I am sorry. You are right. "Child" definition in this case does not apply. Thank you for your correction Edited by boy15

Share this post


Link to post
Share on other sites

My daughter was over 18 when i obtained my citizenship so she had to wait for the 5 yr rule.


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Share this post


Link to post
Share on other sites

Hi,

Your stepson can not naturalize under the 3 years rule because he does not meet the requirement of having been married to a USC for 3 years.

The Child Citizenship Act does not apply because your stepson is over 18. He could never meet the requirements since he is over 18.

Your stepson must naturalize on his own under the 5 years rule. This is the only option for him.

Best of luck

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×