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Need advice on pending Naturalization!

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  • Need advice on pending Naturalization!

    Hi everyone,
    I have a situation and I dont know what to do and time is of the essence!
    Two years ago I went for my naturalization interview, passed everything, all documents in order but was denied as I had been out of my home state working and didnt meet the 3 month residency. I was told I had to reapply which I did back in August. (I had to save up the money again that is why the delay in time)
    Ok, so I go for my interview in November and again pass the test, residency okay but they questioned me on my child support payments. ( there is no court order but I still have paid on a regular basis.) I was told once I got the proof in for the last 5 years, I would be approved. I gave them a notorized letter from my former wife, along with the payments as requested the first week in December. I havent heard anything and I know it hasnt been all that long but here is where my BIG problem enters.
    I have two sons living with their mom abroad, one is 19 and the other turns 18 on April 11, in 3 months. My plan was to file for derivitive citizenship for the younger one. It is my understanding that he must be here on a green card before he turns 18 to gain his citizenship.
    So if I dont get approved and sworn in, my son cannot derive his citizenship?
    Is there any advice anyone can give me on how best to proceed?? Should I file for the i130 and hope I get sworn in or what? Anyone knows how long it takes to get the naturalization approved when submitting additional documentation?
    Thank you for any input, it is greatly appreciated.
    Last edited by lacey123; 01-15-2011, 07:55 PM.

  • #2
    They only get citizenship if they have a green card and have lived in the US as a permanent resident at least 1 day. If they don't and are under 21, they can immigrate under the immediate relative rule. If the 17 year old would've gotten a green card before his 18th birthday and landed in US, got his passport stamped and the date of that stamp would be before his 18th birthday, he would be automatically a citizen, eligible to apply for a US passport with greencard/his passport/your naturalization certificate, as well as a certificate of citizenship from the USCIS. That's how I understand it... so there's little chance that would happen if his birthday is coming up real soon. However, there should be no problem for your wife/sons to quickly get a greencard before their 21th birthdays. But for citizenship they would have to qualify on their own.
    Last edited by cismasu; 01-19-2011, 11:54 PM.

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