Citizenship Eligibility for an aged out child-permanent resident for 3 years

[tishajourney 0]

Hello, VisaJourney Members,

please, help me with the specific question. My child came to the US as a dependent on K2 visa and received his temporary and later 10-year Green Cards. He has been a permanent resident for 3 years and 5 months. He is also 22 years old now and lives separately. So, my question is: can he apply for Citizenship now (like me, meaning 3 years since the permanent residency)? or does he have to wait till after 5 years of him being a resident?

If possible, please, provide some link to the information confirming his eligibility, because I can not find any on uscis website.

Thank you very much in advance.

[BigDaddy28 228]

11 minutes ago, tishajourney said:

Hello, VisaJourney Members,

please, help me with the specific question. My child came to the US as a dependent on K2 visa and received his temporary and later 10-year Green Cards. He has been a permanent resident for 3 years and 5 months. He is also 22 years old now and lives separately. So, my question is: can he apply for Citizenship now (like me, meaning 3 years since the permanent residency)? or does he have to wait till after 5 years of him being a resident?

If possible, please, provide some link to the information confirming his eligibility, because I can not find any on uscis website.

Thank you very much in advance.

No he is eligible after 5 years of residency. Look at his green card resident since date and add 5 years minus 90 days. That's when he is able to file for citizenship. 3 years only is for spouses of US citizens which he is not. 

For the requirements look up N400 form on USCIS and it will show clearly the requirements. 

Good luck. 

[GreatDane 366]

Unfortunately, the 3 year rule only applies to spouses of USCs and doesn't extend to the children that were part of the related petition. It's a bit strange, I'll admit. Your son can apply 5 years minus 90 days from the issue date of his first green card.

[tishajourney 0]

Thank you. That's what I thought based on uscis website (meaning I didn't find anything specific to his case). 

Thanks, again.