N-400_Do children under 18 need biometric?

[Sammy20 0]

I am about to fill N-400 under 5 years rule for myself. I understand my child will be automatically become citizen once I am naturalized provided all other condition are met. But, during the application process, does my daughter (9 years old) need to do biometric? She is currently oversea with my wife and might not be able to come back to US in time when I receive biometric appointment. Any feedback is appreciated.

 

I am pretty sure only myself/applicant need to attend the interview and oath ceremony. Correct me if I am wrong. 

 

Happy Holiday! 

[Mike E 11,742]

Did you pay for biometrics for your child? Uscis doesn’t do free biometrics.  

 

Your child isn’t getting a naturalization certificate so biometrics aren’t needed.  
 

No your child doesn’t have to attend the interview or oath.  Indeed with COVID, your child likely won’t be permitted to attend. 
 

Biometrics  for the child come into play when you file for an N-600 for your child.  Assuming you do.  Which I recommend.
 

I think the interesting issue is of your child has been away from the USA for 181 consecutive days  or more, does she acquire US citizenship when you naturalize? It’s never occurred to me before.  

Edited December 20, 2020 by Mike E

[Sammy20 0]

Thanks Mike!

 

correct, I only need to pay biometrics for myself. My guess was right then. Kid only need biometrics when applying N-600. Much appreciate your confirmation 

 

I am also curious if 181 rule applied to kids. it seems to me they don't need to follow continuous residence requirement as long as there conditions are met under section 320. 

 

§1431. Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired

(a) In general

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

Edited December 20, 2020 by Sammy20

[Disteny 39]

Children under 18 of age do not need to do biometric

[Mike E 11,742]

On 12/20/2020 at 12:45 PM, Sammy20 said:

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

So that’s the thing.  Is your child actually residing in the USA if outside the USA for 181+ days.  
 

I suppose if CBP admits the child without opening an investigation, then at 181-364/365 days of absence the child would automatically naturalize.  At over an entire calendar year or more, it seems iffy.  
 

If it were me, my kid would be in the USA on the day I took oath.  

[SusieQQQ 11,587]

From someone who has actually gone through this process (answers above make me think other responders have not): No, the child does not do anything, biometrics or anything else, before your N400 interview. If child qualifies to naturalize with you, then child will do biometrics for N600 if you decide to apply for one for child, otherwise will just do usual photos for passport. But do get at least one of those so that child has proof of citizenship status too. It’s not clear if your child is living overseas or just visiting. Does she have a green card? They do ask for proof of residence/custody for both n600 and passport so if your child is normally living overseas no she won’t automatically naturalize, unless and until she moves to the US (on an immigrant visa/green card) to live with you.

 

 

On 12/20/2020 at 5:53 AM, Mike E said:

I think the interesting issue is of your child has been away from the USA for 181 consecutive days  or more, does she acquire US citizenship when you naturalize? It’s never occurred to me before.  

It’s irrelevant. What is relevant is the point at which LPR child is in the US in physical and legal custody of USC parent. They naturalize the second they step over the border if these conditions are met, even if they have never been in the US at all before.

Edited December 23, 2020 by SusieQQQ

[SusieQQQ 11,587]

On 12/22/2020 at 6:25 AM, Mike E said:

So that’s the thing.  Is your child actually residing in the USA if outside the USA for 181+ days.  
 

I suppose if CBP admits the child without opening an investigation, then at 181-364/365 days of absence the child would automatically naturalize.  At over an entire calendar year or more, it seems iffy.  
 

If it were me, my kid would be in the USA on the day I took oath.  

It doesn’t have to be the day he takes the oath. It can be at any point before the child turns 18, with a USC parent.

[SusieQQQ 11,587]

On 12/20/2020 at 7:56 PM, Disteny said:

Children under 18 of age do not need to do biometric

Actually 

- in general, children under 14 do not need to do biometrics for most things

- if applying for N600, biometrics appointment will be made for child regardless of age (my then 11 year old had one)

[Sammy20 0]

Thanks Susie and all for the quick reply. These are very important information. 

 

Yes, my daughter has green card. She temporarily stay oversea with my wife (she is on a job assignment). Our principle home is in US. 

 

So, in summary 

 

1) She doesn't need to do anything during my whole N-400 process.

2) Once I get naturalized, I can apply passport and N-600 for her when she comes back to USA.

3) to my understanding, for passport, herself and both of parents need to show up in person when submitting application.

4) For N-600, she needs to do biometrics, but doesn't need to attend the oath since she is under 14. 

 

 

[SusieQQQ 11,587]

1 hour ago, Sammy20 said:

Thanks Susie and all for the quick reply. These are very important information. 

 

Yes, my daughter has green card. She temporarily stay oversea with my wife (she is on a job assignment). Our principle home is in US. 

 

So, in summary 

 

1) She doesn't need to do anything during my whole N-400 process.

2) Once I get naturalized, I can apply passport and N-600 for her when she comes back to USA.

3) to my understanding, for passport, herself and both of parents need to show up in person when submitting application.

4) For N-600, she needs to do biometrics, but doesn't need to attend the oath since she is under 14. 

 

 

1. Yes

2. Yes

3. Yes, also read the box on page 2 of the DS11 passport instructions to make sure you have all the necessary documents for her passport. I’d suggest filing N600 online as you can use copies of documents for that (originals have to be handled in for passport, and you won’t get her green card back).  If both parents are married that is sufficient for proof of legal custody. (I think we may have needed to hand in our marriage certificate too, again please check the DS11 instructions.) We had a letter from her school stating she was enrolled at our home address with us listed as parents, as proof of physical custody. The passport agent wasn’t interested in that but the N600 did ask for proof of physical custody to be uploaded so we used it there. 

4. Yes. She may still need to go in person to collect the certificate, or it may be ok if a parent collects it for her. This varies by field office (and our FO actually changed its policy on this between her first appointment to do so, cancelled for Covid, and the eventual one)

[Sammy20 0]

Thanks again Susie! you are really helpful. much appreciate it

 

This leads to another question when I go through the N-400 form. I need to fill out my wife and my daughter current home address. I guess I could just use our primary US home address, right?  Both of them are oversea at the moment.  My wife is on her 1 year  job assignment  and our daughter is staying with her. Both my wife and daughter have green card. We obtained our green card through my employment.

 

If I fill out their oversea address, it might cause some other complexities, like child (not living with you) support and etc. There is nothing wrong with our marriage and child custody. Just it happens they are not in US when I need to submit the N-400. I don't want to wait to file till they are back, although they might be back already when it comes to my N-400 interview. 

 

 

[SusieQQQ 11,587]

Hm, I’d think a one year contract counts as “living” there, and your wife will have to list it on her eventual n400 so you shouldn’t write anything that will contradict that. You can mention it was temporary if it comes up in the interview, it’s not so unusual for couples to live apart temporarily for job reasons. Also, to state the obvious, please make sure they do not stay out the US longer than 365 days, and preferably don’t leave it to the last week of that to have them come back, when any plane delays etc could mean disaster for their green cards.