Question: I came to the U.S. with my three children. My children and I are now permanent residents. All my children are under the age of 18 years old. I want to apply for my whole family to become U.S. citizens. I do not have enough money to apply for citizenship for myself and all my children at this time. Can I apply for my own citizenship and later apply for my children to become U.S. citizens?
Answer: In general once a parent becomes a citizen all children under the age of 18 years, lawfully admitted for permanent residence and not yet married, and in the legal and physical custody of the citizen parent automatically derive U.S. citizenship.
There are a few exceptions to this rule. Once you, the parent become a citizen, the children can get U.S. passports or complete form N-600 (Application for certificate of citizenship). These documents will serve as evidence of citizenship for your children. It is important that the parent become a citizen as soon as they are eligible so as to ensure their children will acquire citizenship. This is important because noncitizens are subject to removal proceeding for various reasons.
Teenage years, especially in this country, are hard times and acquiring citizenship may protect these children from threats of having to face removal in immigration proceeding for actions that teenagers sometimes engage in.
Did you know?
That the law requires that all non-U.S. citizens, except for holders of A or G visas, report a change of address within 10 days of moving by completing a USCIS Form AR-11, Change of Address.
That whether represented or not, aliens in proceedings before the Immigration Court must notify the Immigration Court within 5 days of any change in address or telephone number, using the Alien’s Change of Address Form (Form EOIR-33/IC). See 8 C.F.R. § 1003.15(d)(2).
Uhuru Ndirangu is an attorney licensed to practice law in Texas. He is based in Houston, Texas.
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