3 Year of 5 Year rule for IR-2 child for Naturalization

[pgupta 19]

My Wife came to USA in Jan 2013 with IR-1 visa. her son (my step son) came with IR-2 visa. during US entry he was under 18, now he is over 18. They will be completing 3 years soon in US.

I know my wife can apply for naturalization after 3 year, can my stepson apply for Naturalization after 3 year or he has to wait 5 year?

[Hypnos 6,576]

Your stepson will be able to apply 90 days before the five year anniversary of his "Resident since" date on his green card.

[boy15 23]

According Child Citizenship Act of 2000, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:​

​

The child has at least one parent, including an adoptive parent​ who is a U.S. citizen by birth or through naturalization;​

​

The child is under 18 years of age;​

​

The child is an LPR; and​

​

The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​

Therefore, he might automatically acquires US Citizenship from you. You just have to submit Form N600 with appropriated fee, and required documentation to get Certificate of Citizenship and/or apply US Passport for him. Once again, by law, he might be already a US Citizen whether he applies for proof of US Citizenship or not so that he does not need apply for N400 procedures. And because you are not his biological Father, and you have to submit enough documentation, such as proof of your marriage before he turns 18, proof of "legal and physical custody", I suggest you to consult with an immigration lawyer.

Good luck

Edited July 17, 2015 by boy15

[newacct 688]

According Child Citizenship Act of 2000, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:​

​

The child has at least one parent, including an adoptive parent​ who is a U.S. citizen by birth or through naturalization;​

​

The child is under 18 years of age;​

​

The child is an LPR; and​

​

The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​

Therefore, he might automatically acquires US Citizenship from you. You just have to submit Form N600 with appropriated fee, and required documentation to get Certificate of Citizenship and/or apply US Passport for him. Once again, by law, he might be already a US Citizen whether he applies for proof of US Citizenship or not so that he does not need apply for N400 procedures. And because you are not his biological Father, and you have to submit enough documentation, such as proof of your marriage before he turns 18, proof of "legal and physical custody", I suggest you to consult with an immigration lawyer.

Good luck

No, stepchild does not count. Only if he adopted his stepchild would it count for INA 320 purposes.

[boy15 23]

No, stepchild does not count. Only if he adopted his stepchild would it count for INA 320 purposes.

Opss, I am sorry. You are right. "Child" definition in this case does not apply. Thank you for your correction Edited July 17, 2015 by boy15

[Udella&Wiz 325]

My daughter was over 18 when i obtained my citizenship so she had to wait for the 5 yr rule.

[aaron2020 11,651]

Hi,

Your stepson can not naturalize under the 3 years rule because he does not meet the requirement of having been married to a USC for 3 years.

The Child Citizenship Act does not apply because your stepson is over 18. He could never meet the requirements since he is over 18.

Your stepson must naturalize on his own under the 5 years rule. This is the only option for him.

Best of luck

[pgupta 19]

Thanks you all for your valuable input.