Citizenship for IR2

[C4Racer]

My wife's son, Bingning, arrived in US on Sept. 18. He is an IR2 visa.

I hear he can get US citizenship using his mom's status.

She is USC since Jan 2009. No test. Is this true.

How do we go about getting this done?

Edited November 23, 2015 by C4Racer (see edit history)

[dnoblett]

Depends on child's age and residency status when parent naturalized.

 

Child was not a green-card holder at the time parent naturalized, so no he does not qualify for automatic citizenship, he will have to wait 5 years and then naturalize on his own.

 

Q: I was born overseas. After I was born, my parent(s) became naturalized U.S. citizens. Could I have derived U.S. citizenship?

 

A: If one of your parents naturalized after February 27, 2001, and you were a permanent resident and under 18 years old at the time, then you may have automatically acquired U.S. citizenship. Before that date, you may have automatically acquired U.S. citizenship if you were a permanent resident and under 18 years old when both parents naturalized, or if you had only one parent when that parent naturalized.

 

However, if your parent(s) naturalized after you were 18, then you will need to apply for naturalization on your own after you have been a permanent resident for at least 5 years.

http://www.uscis.gov/sites/default/files/USCIS/Resources/A4en.pdf

[newacct]

You didn't give enough information to tell.

 

If at some moment in time all of the following were simultaneously true (it doesn't matter in which order they become true or for how long), the child automatically and involuntarily became a US citizen by INA 320:

• The child was under 18 years old
• The child was a US permanent resident
• The child was living in the US in the custody of a US-citizen parent (note: stepparent doesn't count)

[dnoblett]

 

You didn't give enough information to tell.

 

If at some moment in time all of the following were simultaneously true (it doesn't matter in which order they become true or for how long), the child automatically and involuntarily became a US citizen by INA 320:

• The child was under 18 years old
• The child was a US permanent resident
• The child was living in the US in the custody of a US-citizen parent (note: stepparent doesn't count)

 

 

Child was in China until this September at which point entered the country at age 19 on an IR-2 visa, parent naturalized January 2009, now if the child had been in the USA on a green-card at that time then they would have qualified.

 

• The child was under 18 years old (YES)
• The child was a US permanent resident (NO, at time parent naturalized, is now however age 19)
• The child was living in the US in the custody of a US-citizen parent (note: stepparent doesn't count) (NO was living in China)

[newacct]

 

 

You didn't give enough information to tell.

 

If at some moment in time all of the following were simultaneously true (it doesn't matter in which order they become true or for how long), the child automatically and involuntarily became a US citizen by INA 320:

• The child was under 18 years old
• The child was a US permanent resident
• The child was living in the US in the custody of a US-citizen parent (note: stepparent doesn't count)

 

 

Child was in China until this September at which point entered the country at age 19 on an IR-2 visa, parent naturalized January 2009, now if the child had been in the USA on a green-card at that time then they would have qualified.

 

• The child was under 18 years old (YES)
• The child was a US permanent resident (NO, at time parent naturalized, is now however age 19)
• The child was living in the US in the custody of a US-citizen parent (note: stepparent doesn't count) (NO was living in China)

 

 

Since there was no overlap between the period when the child was under 18, and the period when the child is a permanent resident (since entry at age 19), they could not have gotten citizenship through INA 320. So they would have to apply for naturalization as an adult.