Citizenship for my daughter

T

Taurk

Registered Users (C)
I am a U.S. citizen, born and raised here till I was 10. I then moved to the great white north until 3 years ago. I have a Canadian daughter who was living with her mother (a Canadian citizen) until recently when something came up and I needed to take custody of her. To make a long story short, my daughter is now living with me in the U.S. but there were issues with my daugher comming accross the border (short notice). She is now paroled into the U.S. temporarly until I get her either citizenship or PR status.

I have been told that my best bet is to apply for citizenship through an N-600 application. I was reading through it though and it seems that she needs to be a PR in order for me to apply. Is this correct? If so, what is the quickest way to expedite her citizenship?

Regards,
Taurk
 
You will have to first sponsor her to become a PR. File form I-130 (immigrant petition for alien relative) and form I-485 (adjustment of status). It will take 1-1½ years for your daughter to get PR status. After that she can immediately file for a passport or certificate of citizenship.
 
She has to first be a PR. Check if this can be done more quickly in the US embassy/consulate in Canada.

Yalag
 
She is already a citizen

Assuming you are her "natural" (bioligical father), and you were a US citizen when she was born, then she was born a US citizen. All you need is to prove that and get a certificate of birth abroad. If you and her Mom were not married when she was born, you may need a DNA proof of paternity. If she is adopted, it is another case.

I don't know the details.

Her age might matter. How old is she?

see http://uscis.gov/graphics/publicaffairs/factsheets/chowto.htm

I'm not a lawyer either. :)

-Ocelot
 
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Ocelot said:
Assuming you are her "natural" (bioligical father), and you were a US citizen when she was born, then she was born a US citizen. All you need is to prove that and get a certificate of birth abroad. If you and her Mom were not married when she was born, you may need a DNA proof of paternity. If she is adopted, it is another case.
Click to expand...

WRONG!!!

Taurk said he was in the US only until the age of ten so he needs another two years of physical stay in the US (after the age of fourteen) in order to automatically transfer citizenship for his daughter.

Yalag
 
I don't think I was clear enough. I lived in Canada until 3 years ago when I moved back here to the U.S. so I have lived in the U.S. for the last 3 years and I also lived in the U.S. for 10 years prior to moving to Canada. I am my daughters natural father and my daugher is 13 years old.

Whom would I contact to get the certificate of birth abroad and will that enable to me to get citizenship for my daughter?

Thanks to those who responded.

Taurk
 
I think I was correct

Any child born to a US citizen parent is at birth a US citizen.

All the paperwork is for is to have her citizenship recognized.

I think it is too late to get a "certificate of birth abroad". If you had done that after she was born, you could have obtained a US passport for her also from the consolate in Canada.

(I'm still not a lawyer) :)

-Ocelot
 
More...

If you look at the N-600.

In part 1, write her name, birthdate etc.
Skip 1B about the name on the GC (note that the comments on the form say "if applicable"). It is not applicable to her case. You might write "N/A" here.

In Part 2, Check the first box in part A.
Check the box for B.

In part 3 (a,b,c) give the address/contact info for your daughter.
3d check that she is unmarried.

3e(1,2) write information about her entry into US.
3e3 check "other" and write "paroled at border as minor child of USC"
3e4 write "N/A" (note that instructions say "if applicable")

3f Check "no" (never applied before)

.... continuing on page two of n-600 ....

3g Check "no" (not adopted)
3h "no"
3i "yes" (parents were married)
3j "no" (haven't left since I arrived)

Part 4 Fill in info about you (her Father)
4H Fill in dates that you were in the USA (birth til 10 etc.)

Part 5 - leave blank or "N/A" since her Mom is not USC.

The rest is obvious.

That should do it.

-Ocelot (still not a lawyer)
 
me again...

... As somebody already wrote, you might save all this trouble by just applying for a US passport for her. Her birth certificate shows that you are her father. Your birth certificate (or passport) shows that you are a USC. They should issue her a passport (except that both parents must appear when she applies).

She does not need a certificate of citizenship any more than you or I do - since you, I and your daughter were all born citizens.

-Ocelot (really, I'm not a lawyer)
 
Taurk said:
I don't think I was clear enough. I lived in Canada until 3 years ago when I moved back here to the U.S. so I have lived in the U.S. for the last 3 years and I also lived in the U.S. for 10 years prior to moving to Canada. I am my daughters natural father and my daugher is 13 years old.
Taurk
Click to expand...

I understood you well.

Your daughter was born in Canada BEFORE you moved back to the US, Therefor, at the time she was born you did not have the a sufficient years to autimatically transfer citizenship.

The rule is as follows: You need to be 5 years in the US, 2 of which were AFTER you were 14 years old.

In my humble opinion, Ocelot is absolutely wrong. I would not have had to go with all the hassle of getting my kids PR's if he were right. My wife is a US citizen (and at the time, too, did not have the sufficient number of years), and therefore could NOT transfer automatic citizenship to my kids.

Taurk said:
Whom would I contact to get the certificate of birth abroad and will that enable to me to get citizenship for my daughter?
Taurk
Click to expand...

No one. Your daughter cannot get a certificate of birth abroad as she was not entitled to be a US citizen from birth. You should get her PR'ed and then she is immediately a citizen.

In any event, I strongly suggest you look up the USCIS.gov website to explore the different ways you can get your child naturalized. For example, if you have a living father/mother in the US they can sponser your child's citizenship WITHOUT the child having to be a PR - that can save you a LOT of time and money.

READ CAREFULLY: http://uscis.gov/graphics/services/natz/faq.htm
Especialy the answers to questions 24 and 25 (the option of the grandparent).


Taurk said:
Thanks to those who responded.
Taurk
Click to expand...

You are welcome.

Yalag
 
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Ocelot said:
... As somebody already wrote, you might save all this trouble by just applying for a US passport for her. Her birth certificate shows that you are her father. Your birth certificate (or passport) shows that you are a USC. They should issue her a passport (except that both parents must appear when she applies).

She does not need a certificate of citizenship any more than you or I do - since you, I and your daughter were all born citizens.

-Ocelot (really, I'm not a lawyer)
Click to expand...

Ocelot,

Read my previous response, and go to the link I offered.

Take care,
Yalag
 
I concede to Yalag

According to the info linked by Yalag, I seem to be in error. :)

I think I assumed one USC parent was same case as two.

Thanks Yalag for setting me straight.

-Ocelot (see, I told you I'm not a lawyer. :rolleyes: )
 
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"The rule is as follows: You need to be 5 years in the US, 2 of which were AFTER you were 14 years old. "

If I lived in the U.S. until I was the age of 10, and have also lived in the U.S. for the last 3 years (age 33-36), then that is 13 years, 2 of which were after my 14th birthday. Does that not meet the criteria? Sorry if I seem ignorant on this issue.

Taurk
 
Taurk said:
If I lived in the U.S. until I was the age of 10, and have also lived in the U.S. for the last 3 years (age 33-36), then that is 13 years, 2 of which were after my 14th birthday. Does that not meet the criteria? Sorry if I seem ignorant on this issue.

Taurk
Click to expand...
You do meet the criteria. Problem is you only started meeting the criteria a year ago, which is why if you give birth in Zimbabewe today or tomorrow then your child will be a US citzen upon birth (if you apply for citizenship for him/her).

Your 13 year old daughter, however, was born when you have not yet met the criteria. Therefore you were ineligible to transfer citizenship to her. There is no retroactive transferring.

Hope this answered your question.

Yalag
 
Section 320 and Section 322 of INS

Sorry , but I differ with most on this thread now after realising the problem of Taurk here.
Refer to Sec 320 and 322 of USCIS.
These sections deal with child born abroad to USC parent. Only if both parents are USCs , then child becomes USC at birth if born out of US. If Only one parent is USC, then case is either under 320 or 322.
Under 320, child born abroad automatically becomes( acquires ) uscitizenship when the child is admitted to US ( or is staying in US) as LPR and staying with USC parent s LPR. USCIS does not have to approve his citizenship, as he has acquied it by operation of law. If parent wants to get his Citizenship certi. , then he will have to file N-600. This is optional.
It takes 1 1/2 -6 months to get the interview letter. Please note that physical presence of parent is not the issue here at all.

Taurk's case falls under Sec 322. This deals with case where, child born abroad to USC parent is not an LPR. or he not staying within US as LPR. In this case Parent should file N-K600.This can be filed from abroad or within US. Once it is approved, parent has to bring child into US as lawful admission even temporarily and maintain such lawful status. Here USC parent's 5 yrs physical presence is required ( atleast 2 yrs after the age of 14). Child will have to be Naturalised to become USC, till then he is not USC. So he does not acquire USC automatiically by operation of law as under 320.
Taurk should file N-K600 immediately. I do not know how long it takes to process, but may be same as N-600.
5 yrs reqmt is as on the day of filing and not on the day of child 's birth.
Do not file I 130 and / or I 485 in this case as it is not required that she be an LPR under Sec 322. One can go via that route but it will be longer route.( As I think)
I am not a laywer. Above is as per my own understanding . For complete and comprehensive meaning of Sec 320 and 322 , please refer to them yourself.
 
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