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Derivative Citizenship for kids(below 18 years)

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  • Derivative Citizenship for kids(below 18 years)

    If I complete my green card requirements and get my citizenship. will my kids (below 18 years) get derivative citizenship even if they are not in US however they maintain their green card status by visiting US every 3-4 months.

  • #2
    No, they need to be living in the US to derive citizenship under INA 320. If they are not in the US, they will not immediately get US citizenship, but the next time they come to the US, if they still meet all the conditions (i.e. a permanent resident under 18 living in the US in the legal and physical custody of a US citizen parent), they will automatically become US citizens at that time.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      If Kids(below 18) are legally in US with valid GC but have not completed 912 days requirement. Will they get derivative citizenship if one of they parent is citizen?

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      • #4
        Originally posted by Robbert View Post
        If Kids(below 18) are legally in US with valid GC but have not completed 912 days requirement. Will they get derivative citizenship if one of they parent is citizen?
        yes

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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