Minor child Citizenship eligibility (5 years stay required?) If Parents are Citizens

[chv]

I am a LPR, planning to become US citizen and apply Immigrant visa for my minor child (14 years) under immediate relative IR-2 category. Once my child get Green card, does my child have to stay in USA for 5 to apply for her Citizenship or for minors is there any exemption in the duration of stay.

Thanks in advance for your suggestions

[inadmissible]

To answer your question, the child may involuntary derive citizenship from depending on the circumstances https://www.uscis.gov/policymanual/H...-Chapter4.html

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:
•The child has at least one parent, including an adoptive parent who is a U.S. citizen by birth or through naturalization;
•The child is under 18 years of age;
•The child is a lawful permanent resident (LPR); and
•The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

However, I'm curious why your 14 year old child is not already a permanent resident. If you had acquired permanent residency any way other than as an immediate relative of a US citizen (ie other than as the spouse, minor child, or parent of a US citizen), your spouse and all your minor children at that time would have also have been eligible to immigrate. If you had acquired permanent residency as the spouse of a US citizen, that same spouse could have petition for your minor child to immigrate as an immediate relative as well.

The circumstances in which your minor child would not have been able to obtain permanent residency is quite narrow, say if you obtained permanent residency through an adult child, or if you obtained permanent residency as a minor through a citizen parent. Not judging if either is the case, just trying to help if there is an easier way. If your child is eligible for follow-to-join benefits, it would be easier, quicker, and cheaper for you to file Form I-824 now rather than using Form I-130

Even if you have to go through the I-130 route, you should consider filing now instead of waiting to naturalize. That way, if there are delays or obstacles in naturalizing, the clock will begin ticking on the F2A petition for the child. Notifying USCIS to "upgrade" the F2A petition to IR2 is a minor hassle for hedging your bet on naturalization

[chv]

Minor child Citizenship eligibility (5 years stay required?) If Parents are Citizens

Thanks for the quick and informative reply
My daughter was born in India and when me and my wife were on J visa my daughter was in USA for 2 years and then went back to India and going to school there. At that time I applied green card and got in the EB-1 category, at that time we were not sure whether we will stay here long time or not. So we did not apply green card for my daughter. In 2-3 months I will be eligible to apply for citizenship. During this summer holidays my daughter will come here on visitor visa, that time I am planning to apply her I-130. Since I-130 has long wait times and second stage immigrant visa process for F2A take long time, I planned to become citizen so my daughter will not have to wait for the second stage immigrant visa process. Is it better to start I-130 before I become citizen or later? Based on your experience which way she can get the green card/citizenship soon.

Thank you so much

[chv]

Thanks for the quick and informative reply

My daughter was born in India and when me and my wife were on J visa my daughter was in USA on J-2 visa for 2 years and then went back to India and studying there. At that time I applied green card and got in the EB-1 category, since my daughter was in India and we were not sure whether we will stay here long time or not, so we did not apply green card for my daughter. In 2-3 months I will be eligible to apply for citizenship. During this summer holidays my daughter will come here on visitor visa, that time I am planning to apply her I-130. Since I-130 has long wait times and second stage immigrant visa process for F2A take long time, I planned to become citizen so my daughter will not have to wait for the second stage immigrant visa process. Is it better to start I-130 before I become citizen or later? Based on your experience which way she can get the green card/citizenship soon.

Thank you so much

[newacct]

Thanks for the quick and informative reply
My daughter was born in India and when me and my wife were on J visa my daughter was in USA for 2 years and then went back to India and going to school there. At that time I applied green card and got in the EB-1 category, at that time we were not sure whether we will stay here long time or not. So we did not apply green card for my daughter. In 2-3 months I will be eligible to apply for citizenship. During this summer holidays my daughter will come here on visitor visa, that time I am planning to apply her I-130. Since I-130 has long wait times and second stage immigrant visa process for F2A take long time, I planned to become citizen so my daughter will not have to wait for the second stage immigrant visa process. Is it better to start I-130 before I become citizen or later? Based on your experience which way she can get the green card/citizenship soon.

Thank you so much

Since she was born before you became a permanent resident, she can immigrate as your derivative beneficiary right now (in the same EB-1 category as you, with the same priority date as you), without you needing to petition her with an I-130. That way, there will be no wait for visa numbers, because a visa number was already available for your category and priority date several years ago (when you became a permanent resident), so unless it has retrogressed a lot, it is still available. And since she will immigrate in an employment-based category, there is no need for an Affidavit of Support.

The exact process for her to follow to join you now depend on whether you did Adjustment of Status or Consular Processing, and whether she will be doing Adjustment of Status or Consular Processing. If you did CP, and she is also doing CP, all you need to do is notify NVC and the consulate to add her case. If you did AOS and she is doing CP, you will need to file I-824 to move the petition from USCIS to NVC, and unfortunately this process may take a year. If she happens to be in the US and is doing AOS, all she needs to do is file I-485.

Note that she can only immigrate as your derivative beneficiary before you become a citizen. After you become a citizen, the only way for her to immigrate is by you petitioning her.

[chv]

Minor child Citizenship eligibility (5 years stay required?) If Parents are Citizens

You have provided very useful information.

I was under impression that in any case I have to file I-130 for her. In my case I filed I-140 and I-485 (AOS) concurrent. Once my daughter is here on non-immigrant visa, if I apply for I-485 (AOS) approximately how long it will take for the approval? Second case If I apply for citizenship it may take 3-4 months and I-130 for my daughter may take another 1-2 months or more, then her AOS may take some time. In your opinion which way will be shorter?
In first case once I become citizen, will my daughter become citizen too?
In second case once her AOS aproves, what is the process for her citizenship.

Thank you so much for your advice.

[newacct]

You have provided very useful information.

I was under impression that in any case I have to file I-130 for her. In my case I filed I-140 and I-485 (AOS) concurrent. Once my daughter is here on non-immigrant visa, if I apply for I-485 (AOS) approximately how long it will take for the approval? Second case If I apply for citizenship it may take 3-4 months and I-130 for my daughter may take another 1-2 months or more, then her AOS may take some time. In your opinion which way will be shorter?
In first case once I become citizen, will my daughter become citizen too?
In second case once her AOS aproves, what is the process for her citizenship.

Thank you so much for your advice.

She automatically becomes a citizen the first moment that all the following are true at the same time: she is under 18, she is a permanent resident, she is living in the US with a US citizen parent. So if you become a citizen first and then she becomes a permanent resident, then when she becomes a permanent resident (no matter how she becomes a permanent resident, whether by having AOS approved or entering the US with an immigrant visa), at that moment she also becomes a US citizen. If she becomes a permanent resident first and then you become a citizen, then she becomes a citizen at the same time you become a citizen. It is automatic; there is no "process". Once she becomes a citizen, she can apply for a US passport at any time; she can also apply for a Certificate of Citizenship but it is not necessary and in my opinion is a big waste of money.

You don't have to file I-130 if she immigrates as your derivative beneficiary, though in your case there is risk because you are applying for naturalization soon, and she can only immigrate as a derivative beneficiary while you are still a permanent resident, so if her immigration process is a lot slower than your naturalization, and you become a citizen before her process completes, then she cannot immigrate as your derivative beneficiary anymore.

Or you can petition her if you want. Like inadmissible said, you don't have to wait until you become a citizen to petition her; you can petition her right now as a child of a permanent resident, in the F2A category (even though it has a 2 year wait for visa numbers), and then if you become a citizen before the wait is up, you can upgrade it to the Immediate Relative category, which has no wait.

She is not supposed to come in on a visitor visa with intention to file AOS while here. They will deny her entry if they suspect she will do that.

[abumiqdad]

He can just postpone his citizenship process - like deferring the interview or the oath ceremony. Right?

She automatically becomes a citizen the first moment that all the following are true at the same time: she is under 18, she is a permanent resident, she is living in the US with a US citizen parent. So if you become a citizen first and then she becomes a permanent resident, then when she becomes a permanent resident (no matter how she becomes a permanent resident, whether by having AOS approved or entering the US with an immigrant visa), at that moment she also becomes a US citizen. If she becomes a permanent resident first and then you become a citizen, then she becomes a citizen at the same time you become a citizen. It is automatic; there is no "process". Once she becomes a citizen, she can apply for a US passport at any time; she can also apply for a Certificate of Citizenship but it is not necessary and in my opinion is a big waste of money.

You don't have to file I-130 if she immigrates as your derivative beneficiary, though in your case there is risk because you are applying for naturalization soon, and she can only immigrate as a derivative beneficiary while you are still a permanent resident, so if her immigration process is a lot slower than your naturalization, and you become a citizen before her process completes, then she cannot immigrate as your derivative beneficiary anymore.

Or you can petition her if you want. Like inadmissible said, you don't have to wait until you become a citizen to petition her; you can petition her right now as a child of a permanent resident, in the F2A category (even though it has a 2 year wait for visa numbers), and then if you become a citizen before the wait is up, you can upgrade it to the Immediate Relative category, which has no wait.

She is not supposed to come in on a visitor visa with intention to file AOS while here. They will deny her entry if they suspect she will do that.

[inadmissible]

He can just postpone his citizenship process - like deferring the interview or the oath ceremony. Right?

That's the benefit of filing F2A now. It hedges against all the risks surrounding naturalization: whether naturalization occurs early, late, or never at all. In this case, if naturalization occurs before the child's derivative immigrant visa is issued, the F2A petition can be upgraded to IR2 and the consulate can then continue the process

[chv]

Thanks to all

Generally how long it will take for the AOS. Based on that I can postpone my Citizenship application process.