Gardner, IL asked in Immigration Law for Illinois

Q: I filled for naturalization (am married to us citizen for 3 years) How do I file for my kids.

I filled for naturalization (am married to us citizen for 3 years) using form N400. My children were under 18 when they came to USA but are over 18 now. How do I file for their naturalization? What form should I use? They are both permanent residents. The attorney I used sent a email stating the kids are eligible. But can't afford to use them again. The n400 has no option for them to eligible unless I use the other option but don't know what to write in there.

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2 Lawyer Answers
Allen C. Ladd
Allen C. Ladd
Answered
  • Immigration Law Lawyer
  • Greenville, SC

A: Short answer -- discuss this with an experienced immigration lawyer, ASAP.

Some questions and comments for you to consider:

* Are your children permanent residents already? Then they will file N-400, each of them.

* Are they not permanent residents? Then you may file Form I-130 for each of them ... but before you do, I recommend you contact an immigration lawyer for an appointment so you can see if it will be possible for them to complete the process.

* If any child is under age 21, then it may really be worthwhile to file Form I-130 because of a law that could "stop the clock" on their ageing, called the Child Status Protection Act (CSPA). You need to discuss this with that lawyer.

* Lastly, if any child (a) entered the US LEGALLY and (b) is under 21 and (c) has had DACA since before age 18, it might really be worthwhile to file the Form I-130.

1 user found this answer helpful

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: They will also use the N-400 since they are over 18 and you are not yet a citizen.

1 user found this answer helpful

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