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Will my child be entitled to apply for Citizenship after 3 years of permanent residence?

San Antonio, TX |

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!?

Attorney Answers 4

Posted

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 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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8 comments

Asker

Posted

Thank you for your answer Sir, In fact he was granted PR status before his 18th birthday, if that's the case, I wonder how can he claim his citizenship?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Apply for a US passport. Show his Green Card, proof of stepfather's US citizenship, marriage certificate between stepfather and mother

Asker

Posted

Is there any type of relief for me now that my son can become a US citizen? I entered the country under E2 Treaty status, I'm currently with no status since it expired and overstayed, I'm in deportation proceedings awaiting trial date; or do I need to wait till my son turns 21 hoping I don't get deported. In May 2013 I will have 10 years living in the Country. Thanks for your help, I appreciate it!

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Your son cannot petition for you until he is 21. You may be eligible for cancellation of removal. Do you have an attorney? If not, you should really get one.

Asker

Posted

Yes counselor, I'll find a lawyer, although the rule says that I'd have to be living in the country for 10 years or more before the NTA was served, it was served around 9 months before the 10 year deadline, and proving extreme and unusual hardship I heard is next to impossible, I have a 20 year old PR son but unfortunately he's got his GC at 19 years old, both my sons depend on me though, thanks for your help again!!

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You are right about time being stopped by the service of the NTA. I am glad to hear you will soon be seeking counsel. Perhaps you may be considered for Prosecutorial Discretion. Good luck to you.

Asker

Posted

One last question Sir, my ex-wife and 17 year old son applied to remove the PR conditions 6 months ago, apparently there is a backlog and they haven't received the new GC, does my son have to wait till the process is done in order to apply for the passport? I appreciate your help!

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

He has to wait until the condition is removed, so I would say yes.

Posted

No

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.

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Posted

Only a spouse of a US citizen may apply for naturalization after 3 years of becoming a permanent resident.

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3 lawyers agree

Posted

Only a spouse.

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3 lawyers agree

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