Mother filing for Citizenship - has daughter over 18

[motu 5]

My wife's friend is filing for her citizenship based on 3 years marriage to a USC. From searching the forum it seems that the mother's 13 year old is automatically a citizen when the mother gets her citizenship; but what happens to her 20 year old daughter? Does she have to wait the 5 years (2 more years) or is there some provision for children under 21? All I found was the one for children under 18. Thanks:

Edited May 12, 2009 by motu

[Italian_in_NYC 259]

My wife's friend is filing for her citizenship based on 3 years marriage to a USC. From searching the forum it seems that the mother's 13 year old is automatically a citizen when the mother gets her citizenship; but what happens to her 20 year old daughter? Does she have to wait the 5 years (2 more years) or is there some provision for children under 21? All I found was the one for children under 18. Thanks:

I don't know about the 13 year old, double check because it's not automatic if she hasn't been legally adopted by her stepfather.

The 20 year old FOR SURE will have to submit her own N-400 with the 5-year rule.

My wife just turned 18 when her parents naturalized and she had to apply by herself.

[lucyrich 20]

My wife's friend is filing for her citizenship based on 3 years marriage to a USC. From searching the forum it seems that the mother's 13 year old is automatically a citizen when the mother gets her citizenship; but what happens to her 20 year old daughter? Does she have to wait the 5 years (2 more years) or is there some provision for children under 21? All I found was the one for children under 18. Thanks:

I don't know about the 13 year old, double check because it's not automatic if she hasn't been legally adopted by her stepfather.

The 20 year old FOR SURE will have to submit her own N-400 with the 5-year rule.

My wife just turned 18 when her parents naturalized and she had to apply by herself.

Assuming the stepfather is a US Citizen, then the child would automatically become a citizen when EITHER the mother became a citizen OR the stepfather adopted her. Both wouldn't be necessary. All that is required is to have at least one US Citizen parent, whether the parentage is biological or via adoption, and whether the citizenship is by birth or naturalization.

See here for details:

http://travel.state.gov/visa/immigrants/ty...types_1312.html

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

* Have at least one American citizen parent by birth or naturalization;

* Be under 18 years of age;

* Live in the legal and physical custody of the American citizen parent; and

* Be admitted as an immigrant for lawful permanent residence.

In addition, if the child is adopted, the adoption must be full and final.

And yes, the 20 year old is on her own; she can apply when she's completed 5 years (less 90 days) with a green card.

[motu 5]

Oops can't delete this. Sorry

Edited May 12, 2009 by motu

[motu 5]

Thanks Lucy - I was sure the 13 year old just needs to go and get her US passport once the mom gets her citizenship, but I can see nowhere that the 20 year old has any choice other than waiting for 2 more years. She believes that the over 18 but under 21 rule for K2 (which she used for her visa on her mom's K1) might be available somehow for this also. Thanks:

[queendlee 0]

Thanks Lucy - I was sure the 13 year old just needs to go and get her US passport once the mom gets her citizenship, but I can see nowhere that the 20 year old has any choice other than waiting for 2 more years. She believes that the over 18 but under 21 rule for K2 (which she used for her visa on her mom's K1) might be available somehow for this also. Thanks:

yeah, the 20 year old is on their own (maybe some exceptions), but the 13yr old has to naturalize with the mom, the child is not automatically a citizen, either they take the oath too or something.

[lucyrich 20]

Thanks Lucy - I was sure the 13 year old just needs to go and get her US passport once the mom gets her citizenship, but I can see nowhere that the 20 year old has any choice other than waiting for 2 more years. She believes that the over 18 but under 21 rule for K2 (which she used for her visa on her mom's K1) might be available somehow for this also. Thanks:

yeah, the 20 year old is on their own (maybe some exceptions), but the 13yr old has to naturalize with the mom, the child is not automatically a citizen, either they take the oath too or something.

No, that's not how the child citizenship act works. A young child is legally considered incapable of taking an oath, similar to the way they can't sign legally binding contracts. A child under 18 becomes a citizen automatically when the parent becomes a citizen (more precisely, when all of the conditions of the child citizenship act are fulfilled simultaneously). No further oath required. No naturalization form or process required. The child automatically becomes a US citizen by force of law, regardless of whether the child wants to or not, and regardless of whether any paperwork is filed on the child's behalf. To prove citizenship, you can either file an N-600 to get a certificate of citizenship for the child, or just apply directly for a US passport for the child. It's all in the link posted above, or you can google "child citizenship act" for lots more info.

[queendlee 0]

Thanks Lucy - I was sure the 13 year old just needs to go and get her US passport once the mom gets her citizenship, but I can see nowhere that the 20 year old has any choice other than waiting for 2 more years. She believes that the over 18 but under 21 rule for K2 (which she used for her visa on her mom's K1) might be available somehow for this also. Thanks:

yeah, the 20 year old is on their own (maybe some exceptions), but the 13yr old has to naturalize with the mom, the child is not automatically a citizen, either they take the oath too or something.

No, that's not how the child citizenship act works. A young child is legally considered incapable of taking an oath, similar to the way they can't sign legally binding contracts. A child under 18 becomes a citizen automatically when the parent becomes a citizen (more precisely, when all of the conditions of the child citizenship act are fulfilled simultaneously). No further oath required. No naturalization form or process required. The child automatically becomes a US citizen by force of law, regardless of whether the child wants to or not, and regardless of whether any paperwork is filed on the child's behalf. To prove citizenship, you can either file an N-600 to get a certificate of citizenship for the child, or just apply directly for a US passport for the child. It's all in the link posted above, or you can google "child citizenship act" for lots more info.

i would think that as well but at my local office they had teenagers taking the oath with their parents, so i thought they needed to be apart of the application.

plus the uscis.gov site says that the child act applies to adoptions on one page

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

but then it goes into it clearly on another page, it may just be their wording though

however now i wonder about the oath taken by kids that they showed on tv when my local office opened last year

[lucyrich 20]

Thanks Lucy - I was sure the 13 year old just needs to go and get her US passport once the mom gets her citizenship, but I can see nowhere that the 20 year old has any choice other than waiting for 2 more years. She believes that the over 18 but under 21 rule for K2 (which she used for her visa on her mom's K1) might be available somehow for this also. Thanks:

yeah, the 20 year old is on their own (maybe some exceptions), but the 13yr old has to naturalize with the mom, the child is not automatically a citizen, either they take the oath too or something.

No, that's not how the child citizenship act works. A young child is legally considered incapable of taking an oath, similar to the way they can't sign legally binding contracts. A child under 18 becomes a citizen automatically when the parent becomes a citizen (more precisely, when all of the conditions of the child citizenship act are fulfilled simultaneously). No further oath required. No naturalization form or process required. The child automatically becomes a US citizen by force of law, regardless of whether the child wants to or not, and regardless of whether any paperwork is filed on the child's behalf. To prove citizenship, you can either file an N-600 to get a certificate of citizenship for the child, or just apply directly for a US passport for the child. It's all in the link posted above, or you can google "child citizenship act" for lots more info.

i would think that as well but at my local office they had teenagers taking the oath with their parents, so i thought they needed to be apart of the application.

plus the uscis.gov site says that the child act applies to adoptions on one page

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

but then it goes into it clearly on another page, it may just be their wording though

however now i wonder about the oath taken by kids that they showed on tv when my local office opened last year

The law applies both to adopted and natural born children. The text of the law is actually pretty clear, short, and to the point. You can look it up in INA 320:

INA: ACT 320 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired

Sec. 320. [8 U.S.C. 1431] (a) 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.

(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1) .

That "pursuant to lawful admisison for permanent residence" phrase basically means "has a green card", but the rest of the language is pretty straightforward.

[motu 5]

i would think that as well but at my local office they had teenagers taking the oath with their parents, so i thought they needed to be apart of the application.

plus the uscis.gov site says that the child act applies to adoptions on one page

however now i wonder about the oath taken by kids that they showed on tv when my local office opened last year

That's easily explainable. Any body can pledge allegiance to the flag and many schools do this - the kids present at the ceremony are free to take the pledge - that doess not make them citizens. For example my wife's friends who are greencard holders want to come to her ceremony - they can also stand up and take the oath - I will do it too (I am a USCitizen and can do it whenever I want!).

I think you are confused by a very common act done by teenagers and others. This not because they are becoming citizens by this act - they are just affirming their allegiance.

Edited May 13, 2009 by motu