If I became a naturalized citizen after my now 18 year old daughter’s birth and her card expired last year, can we apply for her citizenship rather than renewing her residence card?

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If I became a naturalized citizen after my now 18 year old daughter’s birth and her card expired last year, can we apply for her citizenship rather than renewing her residence card?

I divorced last year. I filed for her permanent residence 11 years ago; same for her mom. I think I qualify on all requirements with the exception of “legal custody/physical custody” related requirements.

Asked on March 8, 2015 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If she is over the age of 18 now and you did not get her naturalization taken care of before she turned 18, she would now need to simply apply for naturalization in her own right.  It would not really have anything to do with your legal custody or physical custody since she is now an adult.


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