US citizen and naturalized father; Can the son become naturalized before the 5 year waiting period?

[tampajamica 0]

Hello guys. I have a query which i hope u know the answer to. Alright, my son who is 16 has been filed for (and approved-currently at the consulate) by my USC wife. I am now naturalized. Since I am now a USC can he file for naturalization as child of a biological USC parent without waiting the five years waiting time? If anybody has been in this situation let me know the answer. Anyone else can let me know their thoughts. Thanks in advance. VJ forever.

[Marlita 0]

bump

[aaron2020 11,651]

Yes. Your son may be eligible for US citizenship without waiting the five years. He has to meet the rules outlined in the N-600 Application for Certificate of Citizenship.

Your son can claim US citizenship if:

1) At least one parent is a US citizen (that's you); AND

2) The child regularly reside in the US in the legal and physical custody of a USC parent; AND

3) The child was lawfully admitted for permanent resident; AND

4) The child has not yet reached his/her 18th birthday; AND

5) The biological child was legitimate or legitimize while in the custody of the legitimizing parent before the child's 16th birthday; OR

6) The child was a biological child born out of wedlock & the child has not been legitimated & the child's mother naturalizes as a USC.

In your case, you will need to satisfy 1-5.

You will not have any problem with 1-3 as soon as your son arrives in the US as a permanent resident.

5 may not be a problem; the common definition is that a child is legitimate if the child was born to married parents. I am not sure what the legal definition is for US citizenship purposes. If you were married to your son's mother anytime between his birth and 16th birthday, then he is legitimate as I interpret the rule (don't rely on this - you should ask someone with more knowledge than me).

4 - Make sure you file before your son's 18th birthday - I would suggest preparing the N-600 early and then send it out the day he arrives in the US.

Edited September 22, 2008 by aaron2020

[tampajamica 0]

Yes. Your son may be eligible for US citizenship without waiting the five years. He has to meet the rules outlined in the N-600 Application for Certificate of Citizenship.

Your son can claim US citizenship if:

1) At least one parent is a US citizen (that's you); AND

2) The child regularly reside in the US in the legal and physical custody of a USC parent; AND

3) The child was lawfully admitted for permanent resident; AND

4) The child has not yet reached his/her 18th birthday; AND

5) The biological child was legitimate or legitimize while in the custody of the legitimizing parent before the child's 16th birthday; OR

6) The child was a biological child born out of wedlock & the child has not been legitimated & the child's mother naturalizes as a USC.

In your case, you will need to satisfy 1-5.

You will not have any problem with 1-3 as soon as your son arrives in the US as a permanent resident.

5 may not be a problem; the common definition is that a child is legitimate if the child was born to married parents. I am not sure what the legal definition is for US citizenship purposes. If you were married to your son's mother anytime between his birth and 16th birthday, then he is legitimate as I interpret the rule (don't rely on this - you should ask someone with more knowledge than me).

4 - Make sure you file before your son's 18th birthday - I would suggest preparing the N-600 early and then send it out the day he arrives in the US.

Thanks for your reply. My son was actually born out of wedlock.

[Dakine 26]

Yes. Your son may be eligible for US citizenship without waiting the five years. He has to meet the rules outlined in the N-600 Application for Certificate of Citizenship.

Your son can claim US citizenship if:

1) At least one parent is a US citizen (that's you); AND

2) The child regularly reside in the US in the legal and physical custody of a USC parent; AND

3) The child was lawfully admitted for permanent resident; AND

4) The child has not yet reached his/her 18th birthday; AND

5) The biological child was legitimate or legitimize while in the custody of the legitimizing parent before the child's 16th birthday; OR

6) The child was a biological child born out of wedlock & the child has not been legitimated & the child's mother naturalizes as a USC.

In your case, you will need to satisfy 1-5.

You will not have any problem with 1-3 as soon as your son arrives in the US as a permanent resident.

5 may not be a problem; the common definition is that a child is legitimate if the child was born to married parents. I am not sure what the legal definition is for US citizenship purposes. If you were married to your son's mother anytime between his birth and 16th birthday, then he is legitimate as I interpret the rule (don't rely on this - you should ask someone with more knowledge than me).

4 - Make sure you file before your son's 18th birthday - I would suggest preparing the N-600 early and then send it out the day he arrives in the US.

"2) The child regularly reside in the US in the legal and physical custody of a USC parent"

Legal and Physical custody for 2 YEARS.

[angel_eyes1976 0]

Yes. Your son may be eligible for US citizenship without waiting the five years. He has to meet the rules outlined in the N-600 Application for Certificate of Citizenship.

Your son can claim US citizenship if:

1) At least one parent is a US citizen (that's you); AND

2) The child regularly reside in the US in the legal and physical custody of a USC parent; AND

3) The child was lawfully admitted for permanent resident; AND

4) The child has not yet reached his/her 18th birthday; AND

5) The biological child was legitimate or legitimize while in the custody of the legitimizing parent before the child's 16th birthday; OR

6) The child was a biological child born out of wedlock & the child has not been legitimated & the child's mother naturalizes as a USC.

In your case, you will need to satisfy 1-5.

You will not have any problem with 1-3 as soon as your son arrives in the US as a permanent resident.

5 may not be a problem; the common definition is that a child is legitimate if the child was born to married parents. I am not sure what the legal definition is for US citizenship purposes. If you were married to your son's mother anytime between his birth and 16th birthday, then he is legitimate as I interpret the rule (don't rely on this - you should ask someone with more knowledge than me).

4 - Make sure you file before your son's 18th birthday - I would suggest preparing the N-600 early and then send it out the day he arrives in the US.

"2) The child regularly reside in the US in the legal and physical custody of a USC parent"

Legal and Physical custody for 2 YEARS.

someone correct me if i'm wrong but i think the legal and physical custody for 2 years only applies to adopted children... if the child is his biological child, then i think he can file N600 when the child gets in the US

Edited September 24, 2008 by angel_eyes1976