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Jegg

How do minor child acquire US citizenship through parent/s naturalization

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Hello to all, Please I have a question in regards to my daughters (16 years old) US citizenship. We’re currently at the USCIS stage for IR2 visa. 

My usc husband is the petitioner.

The original plan is that she will enter USA  once her Ir-2 visa is approved, our estimate is before the end of this year but she decided to finish her junior year and will be done with school the following year. Now we’re thinking to stall the visa process at the NVC stage once I-30 is approved. I know that she won’t be able to derive us citizenship thru my husband (her step-father). This year I will be filling for my naturalization citizenship and expected approval will be early months of year 2020. 

 

My daughter will enter US,

below 18 years of age

Holding a IR2 visa 

Will be living with biological mother (me)

I have full custody of her since I was never married to her father

 

Most of the post that I’ve read here is that the minor child is already residing in the US when their biological parent naturalizes making the minor child eligible to derive US citizenship BUT our situation is in reverse. I (biological mother) will naturalize BEFORE the child enters US. My question is, Will she still benefit from the child citizenship act in term of US citizenship? Is she eligible to derive US citizenship through me? I’m just having difficulty understanding some of the phrases of the CCA law. 

 

It would be nice if she acquires US citizenship automatically rather than her applying on her own under the 5-year rule. 

 

Thank you

 

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The steps of the CCA can be met in any order. As soon as she meets all of them, she is a US citizen as of that day.

 

So on the day she (i) is under 18; (ii) lives in the physical and legal custody of at least one parent that is a US citizen by birth or naturalisation; and (iii) is an LPR, she will become a US citizen on that day.


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

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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