Am I eligible to apply N400 along with my son.

[JimNSandy2017 0]

i enter usa 18th Nov 2014.

 

Can i send my N 400 yet? My son came to USA  as a minor immigrant but he will 18 in october. Can i apply N 400 fpr him too?

 

Thanks

[StuBear65 68]

What visa did you enter on?

[payxibka 10,044]

 

4 minutes ago, JimNSandy2017 said:

i enter usa 18th Nov 2014.

 

Can i send my N 400 yet? My son came to USA  as a minor immigrant but he will 18 in october. Can i apply N 400 fpr him too?

 

Thanks

Time in country as a resident is but one criteria.  On what basis are you eligible for citizenship

[JimNSandy2017 0]

i'm a permanent resident.

[StuBear65 68]

But what visa did you enter on?

[geowrian 22,336]

There's a whole slew of requirements for naturalization, and different periods of time for qualification based on your circumstances. There's not enough info here to determine any of that, so here's the guide to use as a guideline:

http://www.visajourney.com/content/naturalization_requirements

 

Your son may or may not need to naturalize separately, depending on if you are eligible to apply now and actually naturalize before he turns 18.

[JimNSandy2017 0]

I enter US on IR1-CR1 visa and still married to my US citizen spouse.I applied i-751, got approved and got my permanent resident (2nd green card) in January.

Never left the country more than 1 year.

 

[geowrian 22,336]

15 minutes ago, JimNSandy2017 said:

I enter US on IR1-CR1 visa and still married to my US citizen spouse.I applied i-751, got approved and got my permanent resident (2nd green card) in January.

Never left the country more than 1 year.

Assuming you meet the physical presence and continuous residence requirements (leaving the country for a year or longer doesn't guarantee this), and meet the other requirements for naturalization, then you can file now under the 3 year rule.

 

As noted, your son may or may not need to file separability based on how long it takes to actually naturalize, which is highly dependent upon your local USCIS office. Five months is definitely possible. Some are waiting closer to a year.

If you naturalize before he turns 18, then he will derive citizenship from you (assuming he already has a green card). Otherwise, he needs to apply on his own.

Edited May 17, 2018 by geowrian

[CTgal18 157]

17 minutes ago, JimNSandy2017 said:

I enter US on IR1-CR1 visa and still married to my US citizen spouse.I applied i-751, got approved and got my permanent resident (2nd green card) in January.

Never left the country more than 1 year.

 

Based on your timeline, coming into the country on CR1 in 2014, as long as you’ve still been living in marital union, you are eligible to file for N400. You say you’ve never left more than 1 year but it can still be an issue if you’ve had multiple trips lasting months or spent more time out of the US than inside. How many trips out of the US have you made and for how long?

 

As for your son, does he have a green card? If so, it’s unlikely you’ll be naturalized by his 18th birthday in October so he won’t be able to get citizenship from you. If for some reason you are naturalized before his 18th birthday, he will gain it from you if he has his green card already. If not, he’ll have to wait 5 years from the day his green card is issued (he can file 90 days early) and file for himself. 

Edited May 17, 2018 by CTgal18