Citizenship for Stepchildren

[AMT7565 5]

My wife and her 2 children emigrated to the US 5 years ago.

 

(1) My wife is about to start the application process to become a citizen.

(2) Stepson is 23; can he file for citizenship based on his own merits?

(3) Stepdaughter is 16; Is it true that she is not eligible to apply? If so, can she only apply based on her own merits after she turns 18?

 

thank you for any guidance.

AMT.

[Deagle 508]

1 hour ago, AMT7565 said:

My wife and her 2 children emigrated to the US 5 years ago.

 

(1) My wife is about to start the application process to become a citizen.

(2) Stepson is 23; can he file for citizenship based on his own merits?

(3) Stepdaughter is 16; Is it true that she is not eligible to apply? If so, can she only apply based on her own merits after she turns 18?

 

thank you for any guidance.

AMT.

Stepson 23 years old: files for his own.

 

Stepdaughter 16 years old: will automatically be US citizen if her mother gets the citizenship before she, the daughter, turns 18. 

[aaron2020 11,651]

A green card holder over age 18 must file to naturalize on his/her own.  

 

A green card holder under age 18 can not file to naturalize.  If that child has a parent who is a US citizen, then that child automatically gains US citizenship by meeting the 4 conditions of the Child Citizenship Act; 1) be under 18, 2) be an LPR 3) have a USC parent, and 4) live with that USC parent.  

The 23 years old will have to naturalize on his own.

 

The 16 years old would automatically become a USC if her mom becomes a USC before her 18th birthday.  If mom becomes a USC after her 18th birthday, then she would need to naturalize on her own like her brother.  

Edited November 29, 2019 by aaron2020

[AMT7565 5]

Deagle and Aaron,

Thanks for the insight. In the daughter's case, she turns 17 in 6 weeks time. So she may or may not make it by virtue of her mom.

Good to know.

Amt

[Disteny 39]

7 hours ago, AMT7565 said:

Deagle and Aaron,

Thanks for the insight. In the daughter's case, she turns 17 in 6 weeks time. So she may or may not make it by virtue of her mom.

Good to know.

Amt

I have the same, my daughter will turn 17 on Christmas Eve. The processing time varies from State to State, but mainly it takes from 8 to 12 months 

[JFH 12,190]

8 hours ago, Disteny said:

I have the same, my daughter will turn 17 on Christmas Eve. The processing time varies from State to State, but mainly it takes from 8 to 12 months 

15 months for Seattle office (where my application is currently gathering dust).