16 years old not permanent resident living in USA

[L. A. 1]

Hi there! I will be filing my US citizenship this August 2015 but my concerns here is, I have a 16 years old daughter who lives in USA for 3 years now and not a permanent resident (no greencard). Is it possible that i can also file a US citizenship at the same time since she's under 18? I need some inputs for this and greatly appreciated. Thanks.

[Hypnos 6,577]

She will need to be an LPR in order to automatically acquire US citizenship through the Child Citizenship Act.

What is her current immigration status?

[L. A. 1]

Hi hypnos! Thanks for the input. She is a non resident .i never applied her to be a permanent resdient ( greencard) because i thought since she is under 18 she can be us citizen right away.

[milimelo 4,508]

Wow, you're certainly messing up your daughter's life! Have your USC husband file I-130 and AOS for her immediately - what were you waiting for? http://www.visajourney.com/content/i130guide2

If you get citizenship before she gets her green card she'll have to wait until she's been a permanent resident for 5 years before she can apply.

Or, you can postpone applying for your citizenship until she gets her green card...

[Hypnos 6,577]

If you get citizenship before she gets her green card she'll have to wait until she's been a permanent resident for 5 years before she can apply.

You are mistaken. The requirements for obtaining US citizenship via the Child Citizenship Act can be met in any order.

They are:

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

(ii) The child is an LPR.

(iii) The child is under 18.

On the day that all of these become true, the minor child automatically acquires US citizenship under the Child Citizenship Act. It makes no difference whether or not the mother naturalises before or after the child becomes an LPR; it only matters that it happens.

OP, if you are married to a US citizen then you should have them file an I-130, and concurrently file an I-485 at the same time. If the child is 16 now then they should obtain their green card prior to turning 18, and if you have obtained US citizenship in the meantime then they will automatically become a US citizen on the day they become an LPR, if they are under 18 on that day. This assumes that the child entered legally, as you did not specify her current immigration status.

Edited May 8, 2015 by Hypnos

[L. A. 1]

I appreciate your inputs guys. So i will file I- 130 and I485 at the same time for my 16 years old daughter and I can file naturalization also. No matter if she will receive the 2 years greencard and become a us citizen automatically? Thanks

[Hypnos 6,577]

You cannot file an I-485 for her until the priority date on her I-130 is current. This is why I asked if you were married to a US citizen, because if so then you could concurrently file the I-130 and I-485 together.

If you are not married to a US citizen then all you can do is file an I-130 for your daughter now, and wait for the priority date to become current, or until you naturalise. At that point you will then be able to file the I-485. It will take approximately 18 months for an I-130 filed today to become current under the F2A preference (spouses and minor children of permanent residents).

Edited May 8, 2015 by Hypnos

[L. A. 1]

Yes I am married to a US citizen and we live more than 3 years now here in US with my 16 years old. Thanks

[Hypnos 6,577]

Then have your spouse complete the I-130, and you can submit an I-485 too. Barring any issues your daughter will become an LPR and then a US citizen on the same day.

[Boiler 45,733]

How did she enter?

[aleful 1,905]

hi

ditto, did she enter legally to the country? if so, then she can adjust status in the US

if she EWI, then she will have to go through consular processing and your husband cannot file concurrently for her

[L. A. 1]

She entered legally here in USA but didnt adjust her status. I know its our fault but due to lack of money for the processing fee so hold her papers for a while. Thanks

Hypnos, thanks for the inputs. I will do it and tell my US citizen hubby about it.

[L. A. 1]

Hypnos, is there a separate fee for I 130? And in filing i-130 n I 485 do i need to separate in filing or put the documents altogether? Im sorry i have a lot of question. Ur greatly appreciated. Thanks

[L. A. 1]

My daughter came here inUSA holding a K2 visa, my derivative( i came here with K1 visa) , so imjust kinda confused if i still need to file I-130?

[Boiler 45,733]

Similar to what you did to become legal except she will need the medical as well.