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For Naturalization, if the application is done before a child is 18, and the exam takes place after, does he need to take it?

Brooklyn, NY |

My family applied for citizenship several months ago, before my son turned 18. We have an interview/exam coming up shortly, and his birthday has already passed. Will he need to refile or does the age at the time the petition consider him still a minor? Will he need to take the test himself?

Attorney Answers 4


He will need to submit his own N-400 application. Please see

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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So, even though we did the petition prior to his turning 18. Because of the delay in processing by USCIS, he will have to refile on his own...?


He will likely need to file his own N-400 if neither of his parents Naturalized before he turned 18.

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I agree with my colleague. He will need to submit an N-400.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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He needs to submit an independent application for naturalization.

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