Jump to content

Dependant/ Derivative about to turn 18

2 posts in this topic

Recommended Posts

When my kids and I became lawful permanent residents my older  kid was 15 years old. I’m about to apply to naturalization and my son will turn 18 soon. Will he be an automatic derivative of my citizenship if I file for my naturalization before he turns 18, even though he will turn 18 while I’ll be waiting to be sworn in? 

Or he can’t be a derivative because he should be under 18 on the date I’m sworn in? 

Also, if he really can’t be my derivative, what happens to his status, since he is a derivative of my permanent visa? 

Share this post

Link to post
Share on other sites

To derive US citizenship from you, he must be under 18 on the day that you are sworn in.  If he turns 18 during your naturalization process, then he can not derive citizenship.


Nothing happens to his permanent residency.  He remains a legal permanent resident if he turns 18 and can not derive US citizenship from you.  He keeps his green card and can naturalize on his own under the 5 years rule.  While his visa opportunity was derived from you, his legal permanent residency is not.  His LPR status is his and independent of you.  

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.