My ex-wife married an American citizen and applied for permanent residence in September 2010, our 17 year old son was part of the same petition and became a PR at the same time. According to the rule she can apply after 3 years of being a PR if the marriage continuous, will our child be eligible too? Or does the rule only apply for the spouse!?
It only applies to a spouse but if your son was petitioned by his US citizen stepfather and your son became a permanent resident before his 18th birthday, by operation of law he is a US citizen as of the date he received his residence
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Only a spouse of a US citizen may apply for naturalization after 3 years of becoming a permanent resident.