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alexzy75

OAS TO PERMANENT OR CITIZENSHIP FROM STUDENT VISA

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Hello everyone,

 

Here is my situation: I am a permanent resident. I am going to apply for citizenship. My son is 17, he is going to graduate this year, and has been living with me, and has a student visa. He has been a student for the last 6 years..
Is it possible to ask for his citizenship when I apply for mine? if yes, how should I proceed?

 

Thank you very much for any of your advices or input! :-)
Alexandra
 

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He needs to have a green card first (and be living with you In the US, which he is)  to become a citizen when you naturalize. Does he have a green card petition in progress already? If not, why? You will need this as your first step even when you are a citizen.

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  He will probably be 18 by the time your application is done so will miss out ( and he would have to have a green card first which takes 2 years )   he will still be an immediate relative most likely which would get him a green card right away and then he would have to get citizenship on the 5 year rule on his own.


This will not be over quickly. You will not enjoy this.

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I am also thinking, as the same time I am trying to get online information: 
since I am applying for citizenship, would it preferable to wait for my citizenship, and then ask for his.
I am reading this, from this page:
https://citizenpath.com/faq/petition-child-green-card/

U.S. Citizen Petition for Child

A U.S. citizen is able to file the I-130 for virtually any child. The child can be any age, married or unmarried. A U.S. citizen can file Form I-130 for:

Children (unmarried and under 21)

Unmarried sons and daughters (21 or over)

Married sons and daughters (any age)

Unmarried children (under 21 years of age) of a U.S. citizen qualify as immediate relatives. This is significant because immigration law does not limit the number of immediate relative visas (green cards) issued each year. The process is relatively quick. Married children, as well as sons and daughters (21 or older), qualify in family preference categories. They are still eligible for a green card, but it’s likely they’ll have to wait much longer.

Each immediate relative beneficiary must have his or her own I-130 petition. So a U.S. citizen who files Form I-130 for a spouse must also file a separate I-130 petition for any children that intend to immigrate with the parent,

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41 minutes ago, alexzy75 said:

Thank you very much for your reply. No he has not a green card. So now my questions are:

Can I apply for my citizenship at the same time I apply for his permanent residence card? 
and if yes, would that be like an AOS?

That’s unfortunate you never applied, as above he could have become a citizen with you if still under 18 when you naturalize but now will probably have to do it on his own.

If you apply for his green card now you can upgrade the petition when you become a citizen. Don’t waste any more time, file! Even for a citizen it takes around a year to get a GC for an immediate relative. If he is already 17 he will almost certainly not get a GC before 18 even if you naturalize like right now, but it sounds like you have not even submitted your N400 yet?  So either way it looks like your way forward is to apply for his green card and then he will naturalize 5 years after receiving it.

Edited by SusieQQQ

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