| Cutting Time
By Debbie McGoldrick
“My husband is an American citizen and we’ve been married for almost six years. For many complicated reasons, I’ve just received my green card. Can I apply the time I was waiting towards applying for citizenship, as I am anxious to complete that process and sponsor my mother over here? The delay in my case was mostly down to U.S. immigration, and I think it’s unfair I have to suffer. And will my children be able to apply for citizenship with me? They also received their green cards at the same time.”
Though the extraordinary delay may have been caused through mistakes on the part of the USCIS, you won’t be able to count any of the six years towards naturalization, which requires three years of permanent residency for those married to U.S. citizens. (All other applicants must have five years prior to applying.)
The three years start accumulating on the day you were approved for permanent residency. You can actually submit the naturalization paperwork at the two year and nine month point.
Everything that you’ll need is available from the USCIS website at www.uscis.gov. When your time comes in 2008, it will hopefully take no more than six months from start to finish to complete your application — at least, that’s the stated long-term goal of the USCIS.
You mention that you have children, but don’t provide their ages. Because they received green cards with you they must be under 18 years old, as a stepchild of a U.S. citizen parent (in this case, your husband) can derive immigration benefits only if the marriage occurred before the child’s 18th birthday.
When you naturalize, if your children are still younger than 18 they will automatically become U.S. citizens at the same time. They will not have to complete separate applications, nor will they have to take the Oath of Allegiance.
Once your naturalization is complete, you can petition the USCIS for a certificate of citizenship for each child. The certificate can be used to apply for a U.S. passport.
If any of your children are older than 18 when you naturalize, they will have to complete their own set of paperwork and go through the same process — i.e., in-person interview and swearing-in ceremony — that you eventually will. |