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We have green card expiring in 2017 and eligible for naturalization Dec 2012.. Do I have to apply for I 90 for 16 yr old son,

Newburgh, IN |
Attorney answers 3

Posted

Why would you do such a thing? There is absolutely no need.

Please also note that you are eligible to file for Naturalization three (3) months prior to application eligibility date. Example: if obtained your green cards through employment (qualify for Naturalization 5 years after that), rather than waiting for the full 5 years, you can (and are expected to) file 3 months beforehand, namely 4 years and 9 months later.

Asker

Posted

He was advised at the airport while coming from vacation and was told that he needs to apply for I 90

Posted

An I-90 is for renewal of a green card or replacement of lost green card. It has nothing to do with eligibility for naturalization or with someone turning 16. Hence, I do not understand what you are asking.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

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.

Posted

If by "we" you mean that you and your son are both eligible for naturalization at the end of this year, you do not need to apply for an I-90. Did you lose your green card? Did your son lose his green card? Is that why you want to file an I-90? If so, you may do so and once received, you can photocopy the front and back and provide it with your naturalization form.

If you need an attorney to handle your naturalization and I-90, please contact us or another trusted firm. Best of luck!

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