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Posted

When my kids and I became lawful permanent residents my older  kid was 15 years old. I’m about to apply to naturalization and my son will turn 18 soon. Will he be an automatic derivative of my citizenship if I file for my naturalization before he turns 18, even though he will turn 18 while I’ll be waiting to be sworn in? 

Or he can’t be a derivative because he should be under 18 on the date I’m sworn in? 

Also, if he really can’t be my derivative, what happens to his status, since he is a derivative of my permanent visa? 

Filed: Country: Vietnam (no flag)
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Posted

To derive US citizenship from you, he must be under 18 on the day that you are sworn in.  If he turns 18 during your naturalization process, then he can not derive citizenship.

 

Nothing happens to his permanent residency.  He remains a legal permanent resident if he turns 18 and can not derive US citizenship from you.  He keeps his green card and can naturalize on his own under the 5 years rule.  While his visa opportunity was derived from you, his legal permanent residency is not.  His LPR status is his and independent of you.  

 
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