Does an under 18 year old green card holder automatically get naturalization? 12 Answers as of July 02, 2013I have an appointment this month for oath ceremony. I have a 17 year old daughter.She has a green card. After my oath ceremony, she is automatically becomes a U.S. citizen or not? If yes, need any naturalization document for passport?
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, as long as your child is under the age of 18 and is a permanent resident, once you are naturalized, the child automatically gains citizenship and can then apply for a certificate of citizenship and US passport.
Answer Applies to: California
Law Offices of Grinberg and Segal | Alexander Segal
Your daughter will should automatically derive citizenship so long as the following are present when you naturalize: (1) she remains under 18, (2) she is a permanent resident, and (3) resides in the United States with you. If any of these factors are not present, she would not become a citizen. You do not need to do anything. After you naturalize you can apply for her to receive a passport and if you would like, you could file an N-600 so she receives a certificate of citizenship.
Answer Applies to: New York
Lisa E. Battan, P.C. | Lisa Battan
If your lawful permanent resident daughter resides in your legal custody, she may automatically obtain citizenship if she is less than 18 years old on the day your naturalize. She can apply for a passport with your naturalization certificate and her birth certificate and permanent residence card. She should also file a form N-600 to obtain her own certificate of citizenship.
Answer Applies to: Colorado
Immigration Attorneys, LLP | Robert R. Gard
Generally yes, if your daughter is under 18, unmarried, lawfully present in the U.S. pursuant to admission as a lawful permanent resident (green card holder) and in your legal and physical custody, as shown below (from the USCIS website) under Section 320 of the Immigration and Nationality Act, as amended. She should be able to apply for a U.S. passport and file an N-600 Application for a Certificate of Citizenship (the benefits of spending the money to file an N-600 for a Certificate of Citizenship are outlined in a blog posting that I wrote below). http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7 543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchann el=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD Citizenship Through Parents If you were born outside the United States to a U.S. citizen parent or parents, you may be a U.S. citizen. For more information, please see the links below: * Biological or Adopted Children Residing in the United States A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA) , as amended by the Child Citizenship Act (CCA) : * At least one parent of the child is a U.S. citizen, whether by birth or naturalization. * The child is under the age of 18 years. * The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence. * An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA. To qualify as a "child" for purposes of section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person's birth), must be "legitimated" while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section. A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship . To obtain a U.S. Passport, visit the Department of State's Apply for a U.S. Passport webpage. Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA. If you believe this may apply to you, please visit our Contact Us page to call our National Customer Service Center. * Biological or Adopted Children Residing Outside the United States Last updated: 06/03/2011 Citizenship Through Naturalization Path to U.S. Citizenship For Spouses of U.S. Citizens Exceptions & Accommodations Continuous Residence and Physical Presence Requirements for Naturalization A Guide to Naturalization Citizenship Through Parents Biological or Adopted Children Residing in the United States Biological or Adopted Children Residing Outside the United States Naturalization Test Should You File an N-600 Application for a Certificate of Citizenship for Your Children Who Have Become U.S. Citizens Through You By Operation of Law When The Kids Have Already Been Issued U.S. Passports? You and your family (spouse and three kids under 18 years old) are admitted to the U.S. as lawful permanent residents. You and your spouse later become naturalized U.S. citizens, and your kids become U.S. citizens by operation of law. The family goes to the U.S. passport office, and U.S. passports are subsequently approved for and issued to every family member. Should you also pay $600 per child to the USCIS for a Certificate of Citizenship? Since you already have U.S. passports, what benefits are conferred by a Certificate of Citizenship? While, at first glance, I might be tempted to advise.
Answer Applies to: Illinois
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
In general, when a parent naturalizes, his/her children who are under age 18 and who are U.S. Lawful Permanent Residents will automatically become U.S. citizens. The children then can apply for Certificates of Citizenship - there is no "naturalization" process necessary.
Answer Applies to: Georgia
Law Offices of David Stoller, PA | David H. Stoller
If your child is in your legal and physical custody the answer is that the child would automatically become a US citizen upon the completion of your oath. You can file for a passport directly with the US Passport Office or you can file a Form N-600, Application for Certificate of Citizenship with USCIS. My recommendation is that you do both.
Answer Applies to: Florida