KIds

[SadFace 56]

Hi! 

Im slowly preparing to filing my n-400 and my question is: I have 2 kids, who are not citizens, they are GK holder, living with me. How they can get citizenship, if only 18+ are eligible to file. Should they wait untill 18, or it is different procedure for kids. 

Thank you!

[JFH 12,190]

If they are living in the USA in your physical and legal custody and are under 18 when you naturalize, your children will automatically become USCs at the same time. 

[SadFace 56]

18 minutes ago, JFH said:

If they are living in the USA in your physical and legal custody and are under 18 when you naturalize, your children will automatically become USCs at the same time. 

OMG wow!  is it any paperwork or forms to file? 

[JFH 12,190]

3 minutes ago, SadFace said:

OMG wow!  is it any paperwork or forms to file? 

No. You can apply for certificates of Naturalisation for them but it’s not necessary. Just apply for their US passports once you have sworn your oath. That will be enough to prove that they are USCs. Remember to update things like DMW and SSA that you are all US citizens when the time comes. 

[HRQX 4,145]

1 hour ago, SadFace said:

OMG wow!  is it any paperwork or forms to file? 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Be admitted to the United States as an immigrant for lawful permanent residence
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
• If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.

How Does the Child Get a Passport Under Section 320 of the Immigration and Nationality Act?

 

Only children residing in the United States are eligible to automatically acquire U.S. citizenship under Section 320 of the Immigration and Nationality Act. If your child automatically acquired U.S. citizenship pursuant to this Section, he or she may obtain a certificate of citizenship from U.S. Citizenship and Immigration Services (USCIS) or apply for a U.S. passport from the U.S. Department of State. If your child has not obtained a certificate of citizenship, you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

 

1 hour ago, SadFace said:

I have 2 kids

How close is the older child to turning 18?

[SadFace 56]

16 minutes ago, HRQX said:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Be admitted to the United States as an immigrant for lawful permanent residence
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
• If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.

How Does the Child Get a Passport Under Section 320 of the Immigration and Nationality Act?

 

Only children residing in the United States are eligible to automatically acquire U.S. citizenship under Section 320 of the Immigration and Nationality Act. If your child automatically acquired U.S. citizenship pursuant to this Section, he or she may obtain a certificate of citizenship from U.S. Citizenship and Immigration Services (USCIS) or apply for a U.S. passport from the U.S. Department of State. If your child has not obtained a certificate of citizenship, you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

 

How close is the older child to turning 18?

 11 years till 18. 

[HRQX 4,145]

4 minutes ago, SadFace said:

 11 years till 18. 

Then that is more than enough time for you to complete the naturalization process.