PR applying for Citizenship with minor child

[ctygl 0]

I am helping my BIL apply for his citizenship.  In Feb, he will have been a PR for 5 years.  I though once he was a US citizen, his minor son would automatically be a US citizen also.  However, I'm reading now that the child also has to be a PR?  His son (6yo) was born and lives in Mexico. He has never been to the US.  We have never applied for him because his mom wouldn't allow him to come to the US to live and we thought it would be easier to do it when my BIL became a US citizen. 

 

So can someone confirm that we have to apply for his residency first?  And if so, should we go ahead and do that now as a PR or wait until BIL has his citizenship? 

 

Mom will let son come live with my BIL now. 

 

Thanks!

[Liam2021 587]

After he become USC, he can try to get  his son a CRBA first since it easy . If not qualify, he has to file I-130 for his son and after admitted with IR visa, his son can apply for a US passport.

[Mollie09 1,543]

10 minutes ago, H&T said:

After he become USC, he can try to get  his son a CRBA first since it easy . If not qualify, he has to file I-130 for his son and after admitted with IR visa, his son can apply for a US passport.

You can't get a CRBA if the citizenship of the parent is obtained after the birth of the child.

 

31 minutes ago, ctygl said:

I am helping my BIL apply for his citizenship.  In Feb, he will have been a PR for 5 years.  I though once he was a US citizen, his minor son would automatically be a US citizen also.  However, I'm reading now that the child also has to be a PR?  His son (6yo) was born and lives in Mexico. He has never been to the US.  We have never applied for him because his mom wouldn't allow him to come to the US to live and we thought it would be easier to do it when my BIL became a US citizen. 

 

So can someone confirm that we have to apply for his residency first?  And if so, should we go ahead and do that now as a PR or wait until BIL has his citizenship? 

 

Mom will let son come live with my BIL now. 

 

Thanks!

Easiest would be for son to have PR, move to the US and be living with the parent to derive citizenship.

Otherwise it's an I-130 application.

Edited November 21, 2019 by Mollie09

[Liam2021 587]

Just now, Mollie09 said:

You can't get a CRBA if the citizenship of the parent is obtained after the birth of the child.

Opp, didn't pay attention that the child was born before he become USC. Thank for corrected.

[aaron2020 11,651]

The Child Citizenship Act requires the child to meet 4 conditions in order to automatically gain citizenship;

1.  Be under age 18;

2.  Be an LPR;

3.  Have a US citizen parent; &

4.  Live with the US citizen parent.

 

Yes, the child must be an LPR.  The best proof for living with the US citizen for a 6 years old is school enrollment records.

 

Your BIL can file the I-130 now and upgrade the petition when he becomes a US citizen.  

[ctygl 0]

Ok, Thanks!!