Citizenship for child age 20

[cbur53 0]

I am from Canada and moved here under the K-1 visa in June of 2005 with 3 children. Two have moved back to Canada in the meantime and I received my citizenship in November 2011. My daughter who just turned 20 and has lived in Canada since the summer of 2009 now wants to become a citizen. She still has her green card but has lived in Canada for over 2 years now, visiting here regularly. Can we apply for her to be a citizen? On one site it looked as though I could use the N-600K form but when I downloaded it, it said she needed to be under 18. So I am confused. Can anyone help? Thanks.

[Deputy Purple 1,294]

At this point even her LPR status is in jeopardy as she's living in Canada not the US. If CBP notice the pattern they can report her to USCIS.

[cbur53 0]

At this point even her LPR status is in jeopardy as she's living in Canada not the US. If CBP notice the pattern they can report her to USCIS.

She crosses the border regularly and the border guards know she has the green card. I'm just wondering if there is a provision for her as I saw somewhere that under age 21 and unmarried she would be elligible.

[aaron2020 11,651]

She crosses the border regularly and the border guards know she has the green card. I'm just wondering if there is a provision for her as I saw somewhere that under age 21 and unmarried she would be elligible.

She has to be under age 18 in order to derive US citizenship from you. You became a US citizen after her 18th birthday, so there is no way for her to derive US citizenship from you.

To gain US citizenship, your daughter will need to apply for naturalization on her own.

Since she has been back living in Canada for the last two years with visits to the US, she may be deemed to have abandoned her green card. Has she been working in Canada? Has she been filing her US tax returns as all LPR are required to do? Does she claim to be a Canadian resident on her Canadian tax returns or in attending school? If she claims a resident outside the US, then she risks losing her green card.

[Deputy Purple 1,294]

She crosses the border regularly and the border guards know she has the green card. I'm just wondering if there is a provision for her as I saw somewhere that under age 21 and unmarried she would be eligible.

If she was a minor and your dependent then your residence would be considered her residence so if she was in Canada for school etc then her US residency and therefore her status as an LPR would be safe.

As it is she's no longer a minor so now she needs to naturalize herself and there are strict physical presence requirements which she simply doesn't meet. When she applies to naturalize they will put her border crossings under a microscope and if it isn't a problem before it surely will become a problem at naturalization as they could deem her ineligible due to having abandoned her LPR status.

If she wants to be a US Resident and eventually a US Citizen then she needs to live in the US not simply visit often.

[Udella&Wiz 325]

She crosses the border regularly and the border guards know she has the green card. I'm just wondering if there is a provision for her as I saw somewhere that under age 21 and unmarried she would be elligible.

She needs to meet the residency requirements in order to apply for US citizenship to begin with. if she cannot establish that then she'll have to move back to the US for certain period, Go through the Naturalization Eligibility worksheet(link below) to see if she qualifies with her amount of time spent outside the US living in Canada. Honestly if she is considered a resident of Canada and she is receiving provincial health benefits, then she isn't a resident if the US anymore...she cannot claim to be both just for convenience sake.

http://www.uscis.gov/files/article/attachments.pdf

As noted already, she cannot gain citizenship through you since received it after she turned 18. I myself have a similar situation. My daughter is 20 and is now wanting to retrn to Canada but I've insisted that she remains here until she gains her US citizenship next year and then she is free to do as she wishes afterwards since she'll be dual. I'm not about to waste all the $$$ we've spent on immiogration in the last 5 years.

[NickD 202]

Just saying my stepson was barely over 21 and I could not petition for him and seven years later, still waiting for the NVC to decide, doesn't help the OP with their problem. Wife and I thought when when her daughter turned 18, could finally get a passport as her biological dad refused to give his permission, when she finally got back to Venezuela, her lifelong friends weren't so hot anymore, she couldn't wait to come back home. But helped her realize where home was. She changed completely with that trip. And she was gone only for six weeks so that didn't affect her residency, if my stepson gets married, would be dead meat.

Guess things are much better in Canada. Really don't know about the law for re-petitioning for a child unmarried and 21, but like the rest of the repliers definitely know about the residency requirements. Can only suggest finding a good immigration attorney, and unlike other attorneys, have the entire USA to chose from. Don't have to deal with a local yokel like with other attorneys.

By our law, an 18 year old is a mature adult and can make their own decisions, parents no longer have no say in this matter. Even though those decisions may not be very wise in the long term. Good news for some naughty kids, parents are no longer liable for their behavior when they hit that magical date.

[Brother Hesekiel 2,235]

Here's what your daughter needs to do in order to become a U.S. citizen:

1) Move back to the U.S. and live there permanently. File income tax returns, etc.

2) Five years later file for naturalization via N-400. At that time her abandonment of residency will have disappeared from the immediate radar.

Until then, filing for naturalization is like entering the lions' den, and kicking the sleeping lions in the stomach.