Child turns 18 before we can send in N-400 for mother.

[NickD 202]

Yes I know about the M-476 and got on sites that ask simple questions, but still feel this is a nebulous subject. It's okay if the child turns 18 during the I-751 for getting that ten year card on the same form, just paying 80 bucks extra for biometrics. But just can't seem to find any loopholes in the N-400.

Am I the only one on this board that is going through this, did others apply for USC after their child/children turned 18? And if so, what are your experiences?

Thank you.

She has been here over five years now, speaks perfect teenage English, gets on her mom when she replies in Spanish, was on the high honor roll in high school and getting excellent grades in college. But was really embarrassed as to why she couldn't vote in the last election. If the USCIS wasn't so damned slow during the initial process, we would have made it.

[NickD 202]

Didn't anybody on this board have a child that turned 18 before you could apply for the N-400?

Not even one? Am I the only one?

[AusCal 3]

Nick, as your daughter is now an adult, I fail to see why see can't submit her own N-400, based on having being a permanent resident for 5 years. I don't know the law, but, I think it would be likely that after turning 18, it would be considered inappropriate for a parent to be making decisions about their child's citizenship. As an adult, it should be her choice, and therefore her responsibility to apply.

[NickD 202]

Nick, as your daughter is now an adult, I fail to see why see can't submit her own N-400, based on having being a permanent resident for 5 years. I don't know the law, but, I think it would be likely that after turning 18, it would be considered inappropriate for a parent to be making decisions about their child's citizenship. As an adult, it should be her choice, and therefore her responsibility to apply.

Getting married, going to college or working at a minimum wage job, returning to her home country or becoming a USC is all her choice. That wasn't my question, but obviously she wants to become a USC, or I wouldn't have brought this issue up. Getting her ten year green card was not an issue as a child even over 18, but is on the N-400.

Turning 18 in this country is crazy, old enough to vote and serve your country, but can't have a beer.

[Gigli2008 70]

Yes I know about the M-476 and got on sites that ask simple questions, but still feel this is a nebulous subject. It's okay if the child turns 18 during the I-751 for getting that ten year card on the same form, just paying 80 bucks extra for biometrics. But just can't seem to find any loopholes in the N-400.

Am I the only one on this board that is going through this, did others apply for USC after their child/children turned 18? And if so, what are your experiences?

Thank you.

She has been here over five years now, speaks perfect teenage English, gets on her mom when she replies in Spanish, was on the high honor roll in high school and getting excellent grades in college. But was really embarrassed as to why she couldn't vote in the last election. If the USCIS wasn't so damned slow during the initial process, we would have made it.

If the child has got her own Green Card, what has her mother's N-400 application timing got to do with it? The only way your question makes sense to me IMO is if the 18 year old is not living in the US or if she is in the US without status.

Edited November 24, 2008 by Gigli2008

[zyggy 9]

THe child will have to file her own N-400.

[NickD 202]

THe child will have to file her own N-400.

And I gather in five rather than three years, right?

We don't make the rules, just search until we find these rules, then attempt to follow them to the best of our ability.

Just strange or should say nice, that an 18 year old can ride on the same form as her alien parent for the green cards. But certainly not for citizenship.

[zyggy 9]

THe child will have to file her own N-400.

And I gather in five rather than three years, right?

We don't make the rules, just search until we find these rules, then attempt to follow them to the best of our ability.

Just strange or should say nice, that an 18 year old can ride on the same form as her alien parent for the green cards. But certainly not for citizenship.

Yes, the 5 year rule applies.

[lucyrich 20]

THe child will have to file her own N-400.

And I gather in five rather than three years, right?

We don't make the rules, just search until we find these rules, then attempt to follow them to the best of our ability.

Just strange or should say nice, that an 18 year old can ride on the same form as her alien parent for the green cards. But certainly not for citizenship.

Yes, the 5 year rule applies.

Unless the child is married to a US Citizen for three years at the time of filing. Yep, that would be a wee bit precocious, and I doubt that applies to this case.

Anyway, the fact that the child's parent has been married to a US Citizen for three years is of no benefit.

The child gets to check box 2a or 2b (or perhaps 2c or 2d) of the N-400, based strictly on the child's circumstances.

Part 2. Information about your eligibility. (Check only one.)

I am at least 18 years old AND

A. I have been a Lawful Permanent Resident of the United States for at least five years.

B. I have been a Lawful Permanent Resident of the United States for at least three years, and I have been married to and living with the same U.S. citizen for the last three years, and my spouse has been a U.S. citizen for the last three years.