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What is the timeline for filing for citizenship for a minor who is an EB-5 dependent?

My family (wife and son) joined me six months after my arrival in the U.S. Now I have been living in the country for five years and want to file the citizenship application. My son and my wife still have six months to go. Can I file citizenship for my son (current age 15) along with my case even though, as of now, he has stayed here for only 4.5 years? In other words, is the stay requirements of naturalization applicable to minors as well, or can minor cases be filed with the five-year requirement of the primary applicant?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    A separate naturalization application is filed for each person. A foreign national who has been a permanent resident for four years and nine months can file a naturalization application.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The staying requirements apply to everyone, including children as well. In the instant case, since the kid has been around for 4.5 years, he needs to be in the U.S. just for four years, nine months like any permanent resident. It appears the kid will qualify in the next three months before you can file for naturalization for him. Advisably, you should wait for the next three months to file for the naturalization application for the kid.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Once you become a citizen, if your son is still under 18 you can file an N-600 for his citizenship certificate.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    In my opinion your son cannot take advantage of time spent by you in the United States. That said, per the USCIS website, you can make an early application for naturalization up to 90 days prior to completion of five years.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For naturalization, the Applicant (ie., your son) must be at least 18 years of age before he can file. After he turns 18, of the requirements is that he must have been in lawful permanent resident status for at least 5 years.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It is likely a smoother process to wait until the child turns 18, and then pursues citizenship in his own right.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Citizenship application is individual. Thus, everyone who wishes to become a U.S. citizen must file their own application. As an EB-5 investor, you need to meet two requirements: (1) your condition on your residency must have been removed and (2) you have been physically present in U.S. for 30 months out of past 60 months of residency. In other words, before you can file for the citizenship, your I-829 application must have been approved. Finally, the eligibility before filing the N-400 for citizenship require that you have been a resident for 4 years and 9 months before filing that application, which your wife and your son do not have yet. Again, your I-829 must have been approved as a conditional resident cannot apply for the citizenship application. This is something most immigration lawyers should be able to tell you.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your child has to be 18 to apply for citizenship as a principal, however, if you and your wife can complete the process prior to his 18th birthday, your child automatically become a US citizen.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you and your wife are both naturalized, your son will become a derivative U.S. citizen upon your naturalization.

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