Derivative citizenship for children below 18 years old.

[apple21 953]

Once the LPR parent naturalizes, LPR children below 18yo automatically become US citizens too right? or do we need to file n400 for each of them? Or can we just apply for US passports for the children once the parent has proof of citizenship?

If it helps, parent and children all have 10-yr GC from a family-based petition and will Naturalize on the 5-yr residency rule.

Thanks.

Edited January 3, 2015 by apple21

[Hypnos 6,576]

The minor children automatically become US citizens under the Child Citizenship Act (2000) if all of the following are true:

(i) they are in the physical and legal custody of at least one US citizen parent, who is a US citizen through birth or naturalisation.

(ii) they are under 18.

(iii) they are LPRs

You do not need to file anything with USCIS to prove their citizenship (although you can obtain a certificate of citizenship for them each if you wish by filing an N-600, to the tune of $600 each), but can instead jump directly to obtaining US passports for them. You can see how to do this here: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html (scroll down to "How does the child get a passport...").

Edited January 3, 2015 by Hypnos

[apple21 953]

Thanks for the quick reply.

I'm just confused with this part: "Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested;" ( excerpt from: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html )

What possible evidences can we submit?

Edited January 3, 2015 by apple21

[Hypnos 6,576]

If you read through you can see that's only required when you submit an I-551 stamp as proof of the child's LPR status, as opposed to a copy of their plastic green card.

[apple21 953]

I see. Thanks for clarifying. ?

[apple21 953]

Anyone else who went thru the process?

[blue_angel_29 108]

I am now researching derivative of citizenship through parents,

I have applied i130 for my step daughters, 8 & 13, my hubby will have his naturalization oct 2018, that'll make them 11 and 16. So, they should still be able to get citizenship.

Our plan after the approval of the i 130 is for them to move to the US and get their green cards, stay here 7 months of the year, then if they want to go back to mexico, they can stay there the rest of the year and back again in the US for 7 months until their dad naturalizes. is this a good plan or is this grounds for abandonment of LPR status..

Thanks for the info and I apologize for bringing this thread back to life..

[aleful 1,905]

I am now researching derivative of citizenship through parents,

I have applied i130 for my step daughters, 8 & 13, my hubby will have his naturalization oct 2018, that'll make them 11 and 16. So, they should still be able to get citizenship.

Our plan after the approval of the i 130 is for them to move to the US and get their green cards, stay here 7 months of the year, then if they want to go back to mexico, they can stay there the rest of the year and back again in the US for 7 months until their dad naturalizes. is this a good plan or is this grounds for abandonment of LPR status..

Thanks for the info and I apologize for bringing this thread back to life..

hi

not a good plan, the process will take a year for them to come, if they already have a tourist visa, to come and adjust status is immigration fraud,

if they don't have a tourist visa, they won't get one. they will go through consular processing In their country and the process will take a year

secondly, the GC is for living in the US, immigration can take the GC away if they deem that they aren't living in the US, so coming and going for too long and all the time may cause them trouble

also, the children have to prove that they live with their father to derive citizenship

they can come and go as they please once they become USC, but at first they must stay here and travel the least possible, they can travel, but if the pattern is that they are more in their country than here, then that will be a problem

plus they will loose school year, they only have 2 or 3 months out of the year for vacation, but more than that out of the country will be a problem