Citizenship/Minor child

[TaDah 0]

Long story short. I am Canadian. I moved to the USA with my infant son about 13 years ago now. I am trying to figure out the right way of doing this. Our Green Cards will expire next year. I was old 2 different things and led to believe the 1 was my ONLY choice for years. 

1. I need to become a US citizen before my son turns 17 or if failure to do so I will force him at 18 to refile for status (seemed crazy and drove me nuts thinking people would be put in this situation)

2. Until he is 21 he is considered a Minor and I can actually just renew our Green cards for another 10 years and then he can then decide as an adult his path he would like to take. 

 

Please help me make sure I do the right thing! 

[HRQX 4,145]

9 minutes ago, TaDah said:

I moved to the USA with my infant son about 13 years ago now.

Has he turned 14 already? If not, when does he turn 14?

10 minutes ago, TaDah said:

Our Green Cards will expire next year.

When exactly do they expire?

 

The answers to those questions will determine when he needs to file Form I-90: https://www.uscis.gov/i-90

 

 

 

12 minutes ago, TaDah said:

I need to become a US citizen before my son turns 17

Only the card expires. His status does NOT expire. You applying for naturalization is optional. If you choose to do it and you take the naturalization oath before he turns 18 then he also automatically becomes a US citizen; see INA 320(a):

Quote

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

1. At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
2. The child is under the age of eighteen years.
3. The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

 

[TaDah 0]

Okay so, My Son turns 17 this coming April 2021

Our Green Cards Expire May 2022

 

Now I immigrated here via Fiance Visa path....I have been married for 13 years. My son is not my husbands Biological child but has been his dad since he was 2. He was born in Canada but I brought him over on my fiance visa journey. So is he automatically qualified to be a citizen already? My husband is American and his "parent" but not his biological (would he need to adopt him first?). He is under 18 and has been since we got here but I didnt think that meant he is auto American....And OFC he is currently living with US as he is still a minor.

 

Wait I think I read into that a bit. I am aware of what I would be able to do if I became a US Citizen. I want to know if I can just renew our green cards next year and give us 10 more years to decide what we both prefer to do

Edited March 10, 2021 by TaDah

[Letspaintcookies 2,310]

7 minutes ago, TaDah said:

Okay so, My Son turns 17 this coming April 2021

Our Green Cards Expire May 2022

 

Now I immigrated here via Fiance Visa path....I have been married for 13 years. My son is not my husbands Biological child but has been his dad since he was 2. He was born in Canada but I brought him over on my fiance visa journey. So is he automatically qualified to be a citizen already? My husband is American and his "parent" but not his biological (would he need to adopt him first?). He is under 18 and has been since we got here but I didnt think that meant he is auto American....And OFC he is currently living with US as he is still a minor.

 

Wait I think I read into that a bit. I am aware of what I would be able to do if I became a US Citizen. I want to know if I can just renew our green cards next year and give us 10 more years to decide what we both prefer to do

Yes you can do that. Totally fine. He is an LPR and won't loose that status when he turns 18. He can decide for himself if he wants to become a citizen down the road but then he also needs to apply and go through the process himself. If you apply and get citizenship now than he would become a citizen too without having to do all the paperwork, interview...

 

[HRQX 4,145]

4 minutes ago, TaDah said:

Okay so, My Son turns 17 this coming April 2021

Our Green Cards Expire May 2022

Your son should file Form I-90 online now and select Reason J "I have a prior edition of the card, or I am applying to replace my card for a reason not specified above." https://www.uscis.gov/i-90 "I have reached my 14th birthday and am registering as required. My existing card will expire AFTER my 16th birthday. (NOTE: If you are filing this application before your 14th birthday, or more than 30 days after your 14th birthday, you must select reason “2.j.” However, if your card has expired, you must use reason “2.f.”)" https://www.uscis.gov/sites/default/files/document/forms/i-90instr.pdf

 

You should apply for your renewal on or after November 2021: "My card will expire within six months or has already expired." https://www.uscis.gov/i-90

14 minutes ago, TaDah said:

So is he automatically qualified to be a citizen already?

No. Stepparent relationship doesn't count for the INA 320 section I quoted earlier. Only biological OR legally adopted counts. If you don't become a citizen (OR your husband doesn't legally adopt him) before he turns 18 then he will still be a LPR. In that scenario, he'll have the option to apply for naturalization when he chooses to: https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-a-lawful-permanent-resident-of-5-years

[aaron2020 11,651]

1 hour ago, TaDah said:

Long story short. I am Canadian. I moved to the USA with my infant son about 13 years ago now. I am trying to figure out the right way of doing this. Our Green Cards will expire next year. I was old 2 different things and led to believe the 1 was my ONLY choice for years. 

1. I need to become a US citizen before my son turns 17 or if failure to do so I will force him at 18 to refile for status (seemed crazy and drove me nuts thinking people would be put in this situation)

2. Until he is 21 he is considered a Minor and I can actually just renew our Green cards for another 10 years and then he can then decide as an adult his path he would like to take. 

 

Please help me make sure I do the right thing! 

Hi,

 

You are mistaken on 1 and 2.  Neither is true.  Your son will not lose. his green card status when he turns 18. 

 

You and your son both have 10 years green cards, so you only need to renew them so you will have unexpired cards.

 

1.  If you become a US citizen before your son turns 18, then he automatically becomes a US citizen too.  He does not need to refile for status when he turns 18; he will still be a green card holder.  If you do not naturalize before he turns 18, it means he would need to apply for US citizenship on his own.  People are not put in that situation.  You are mistaken.

 

2.  Once he turns 18, he is no longer a minor.  He remains a green card holder.  He can remain one for the rest of his life if he wants.  He would just need to renew his 10 years green card when it expires.

You should consider naturalizing before your son turns 18.  You would both be dual US and Canadian citizens.  It will make life easier.  You will never have to worry about renewing your green cards.  

 

 

Edited March 10, 2021 by aaron2020

[HRQX 4,145]

15 minutes ago, aaron2020 said:

You and your son both have 10 years green cards, so you only need to renew them so you will have unexpired cards.

But the child's renewal should be filed ASAP since USCIS wants his biometrics, updated photograph, etc. per 8 CFR § 264.1(g): "Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the Act and this chapter must apply for registration and fingerprinting, unless fingerprinting is waived under paragraph (e) of this section, in accordance with applicable form instructions."

 

  

31 minutes ago, HRQX said:

"I have reached my 14th birthday and am registering as required. My existing card will expire AFTER my 16th birthday. (NOTE: If you are filing this application before your 14th birthday, or more than 30 days after your 14th birthday, you must select reason “2.j.” However, if your card has expired, you must use reason “2.f.”)" https://www.uscis.gov/sites/default/files/document/forms/i-90instr.pdf

 

Edited March 10, 2021 by HRQX

[Demise 1,330]

19 hours ago, TaDah said:

Long story short. I am Canadian. I moved to the USA with my infant son about 13 years ago now. I am trying to figure out the right way of doing this. Our Green Cards will expire next year. I was old 2 different things and led to believe the 1 was my ONLY choice for years. 

1. I need to become a US citizen before my son turns 17 or if failure to do so I will force him at 18 to refile for status (seemed crazy and drove me nuts thinking people would be put in this situation)

2. Until he is 21 he is considered a Minor and I can actually just renew our Green cards for another 10 years and then he can then decide as an adult his path he would like to take. 

 

Please help me make sure I do the right thing! 

No, you have it all wrong here.

 

His status is independent from you, he can naturalize on his own when he turns 18 or just remain a green card holder forever (short of any criminal issues).

 

It's just that if you were to naturalize while he's under 18 (not 17), he'd derive citizenship through you. In other words you naturalize and both of you get US citizenship.

[SusieQQQ 11,587]

19 hours ago, HRQX said:

But the child's renewal should be filed ASAP since USCIS wants his biometrics, updated photograph, etc. per 8 CFR § 264.1(g): "Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the Act and this chapter must apply for registration and fingerprinting, unless fingerprinting is waived under paragraph (e) of this section, in accordance with applicable form instructions."

 

  

 

technically you need to do this

we forgot and panicked about it a year or so later when we discovered the oversight, and paid the fees (you pay when its late) and got the GC and... it has made zero difference. Because I am paranoid about her losing her GC (she loses everything lol) she still travels with the U14 one and never had an issue. N400 soon and i doubt it will even come up, judging from conversations I have had with others who missed the requirement permanently. So yeah... it should he done but they don't need to panic that it hasn't been.

[aaron2020 11,651]

1 minute ago, SusieQQQ said:

technically you need to do this

we forgot and panicked about it a year or so later when we discovered the oversight, and paid the fees (you pay when its late) and got the GC and... it has made zero difference. Because I am paranoid about her losing her GC (she loses everything lol) she still travels with the U14 one and never had an issue. N400 soon and i doubt it will even come up, judging from conversations I have had with others who missed the requirement permanently. So yeah... it should he done but they don't need to panic that it hasn't been.

Plenty of people miss this without any problems.  The child is still an LPR even if this is missed.  Naturalization before the child turns 18 cures everything as the child automatically derives US citizenship.  

[SusieQQQ 11,587]

8 minutes ago, aaron2020 said:

Plenty of people miss this without any problems.  The child is still an LPR even if this is missed.  Naturalization before the child turns 18 cures everything as the child automatically derives US citizenship.  

the child under discussion missed that age cutoff for deriving but it doesn't seem to be an issue anyway 

[HRQX 4,145]

4 minutes ago, SusieQQQ said:

the child under discussion missed that age cutoff for deriving

Not necessarily as naturalization processing times can vary. He doesn't turn 18 until April 2022. (Or he could be legally adopted by the stepfather in that time frame.)

Edited March 10, 2021 by HRQX

[SusieQQQ 11,587]

2 minutes ago, HRQX said:

Not necessarily as naturalization processing times can vary. He doesn't turn 18 until April 2022. (Can also be legally adopted by the stepfather in that time frame.)

i was talking about MY child in that sentence

maybe i misunderstood the post i was responding to but i thought that was re my own experience with this 

Edited March 10, 2021 by SusieQQQ