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Green card holder outside of US, parent becomes US citizen
- Thread starter Brianne
- Start date
No. For derivative US citizenship the child has to be admitted as a permanent resident and be in the custody of US resident parents. If parents and foreign born child are outside US, child does not get US citizenship.
Yes, the child was admitted permanent resident, but was temporarily outside of US while still being a US permanent resident (Green card holder). The parent got US citizenship while residing in the US and then decided to live with the child outside of US, sorry I was not very clear in my first post. Would the child have obtained automatic US citizenship when the parent got custody of the child?
Hello
If a green card holder lives outside of US with a green card and is under 18, one of his/her parents becomes a US citizen and joins their child to live outside of US, does that make the child get automatic US citizenship?
Regards!
No, under the circumstances you describe the child does not derive automatic U.S. citizenship. Under the provisions of the Child Citizenship Act, in order to derive automatic U.S. citizenship, the child needs to reside in the U.S. in the legal and physical custody of a U.S. citizen parent, to be under 18 years old and to have a green card. The moment all these conditions are met, the child becomes a U.S. citizen.
There is another option that may be available in your situation. Namely, the child may be eligible for the so-called expedited naturalization procedure under INA 322, http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-10006.html
and could apply for such expedited naturalization by filing form N-600K.
The main requirements are that the child be under 18 (at the moment of submitting the application and at the moment of the oath), permanently reside abroad in the legal and physical custody of a U.S. citizen parent; and that the U.S. citizen parent had been physically present in the United States for at five years, at least two of which were after the age of fourteen years.
The last condition is probably satisfied in the case you describe since there is no requirement that those 5 years in the U.S. be as a U.S. citizen. If the parent is a naturalized citizen, than his/her cumulative period of physical presence in the U.S. (including the GC status) is probably over 5 years.
However, for pursuing this option the fact that the child has a green card is probably a detriment and the child may need to formally give up the green card first. The reason is that for qualifying under INA 322 the child needs to be residing abroad (presumably permanently), which is not compatible with having LPR status.
Yes, the child was admitted permanent resident, but was temporarily outside of US while still being a US permanent resident (Green card holder). The parent got US citizenship while residing in the US and then decided to live with the child outside of US, sorry I was not very clear in my first post. Would the child have obtained automatic US citizenship when the parent got custody of the child?
The answer is still NO, see the posts above.
No, under the circumstances you describe the child does not derive automatic U.S. citizenship. Under the provisions of the Child Citizenship Act, in order to derive automatic U.S. citizenship, the child needs to reside in the U.S. in the legal and physical custody of a U.S. citizen parent, to be under 18 years old and to have a green card. The moment all these conditions are met, the child becomes a U.S. citizen.
There is another option that may be available in your situation. Namely, the child may be eligible for the so-called expedited naturalization procedure under INA 322,
and could apply for such expedited naturalization by filing form N-600K.
The main requirements are that the child be under 18 (at the moment of submitting the application and at the moment of the oath), permanently reside abroad in the legal and physical custody of a U.S. citizen parent; and that the U.S. citizen parent had been physically present in the United States for at five years, at least two of which were after the age of fourteen years.
The last condition is probably satisfied in the case you describe since there is no requirement that those 5 years in the U.S. be as a U.S. citizen. If the parent is a naturalized citizen, than his/her cumulative period of physical presence in the U.S. (including the GC status) is probably over 5 years.
However, for pursuing this option the fact that the child has a green card is probably a detriment and the child may need to formally give up the green card first. The reason is that for qualifying under INA 322 the child needs to be residing abroad (presumably permanently), which is not compatible with having LPR status.
Thanks for clearing that up. There is one more scenario please tell me if automatic citizenship was acquired in the following scenario
The child's other's parent (father) became a US citizen and resided in the US the whole time. The child decided to spend his time off (2 weeks) with the father, when the child enters the US using a green card, does the child automatically become a US citizen?
Thanks for clearing that up. There is one more scenario please tell me if automatic citizenship was acquired in the following scenario
The child's other's parent (father) became a US citizen and resided in the US the whole time. The child decided to spend his time off (2 weeks) with the father, when the child enters the US using a green card, does the child automatically become a US citizen?
I am not sure, but I suspect that the answer is still NO. For one thing the U.S. citizen father would have to have proof of legal custody of the child. If the parents are divorced (as your posts appear to imply), this would mean that there would have to be a divorce decree granting the father sole or joint custody over the child.
More importantly, the Child Citizenship Act http://travel.state.gov/visa/immigrants/types/types_1312.html
requires that the child reside in the physical custody of a U.S. citizen parent. To me the word "reside" means permanent/primary residence with that parent, and a 2-week visit does not appear to qualify.
Usually as a proof (for the N-600 application) that the child is physically residing with the parent the USCIS wants to see something like school records for the child showing the same home address as that of the parent. If a child comes for a 2-week visit, I don't know how you would prove physical residence of the child at the father's address.
But maybe others here may want to sound off on this point...
I am not sure, but I suspect that the answer is still NO. For one thing the U.S. citizen father would have to have proof of legal custody of the child. If the parents are divorced (as your posts appear to imply), this would mean that there would have to be a divorce decree granting the father sole or joint custody over the child.
More importantly, the Child Citizenship Act
requires that the child reside in the physical custody of a U.S. citizen parent. To me the word "reside" means permanent/primary residence with that parent, and a 2-week visit does not appear to qualify.
Usually as a proof (for the N-600 application) that the child is physically residing with the parent the USCIS wants to see something like school records for the child showing the same home address as that of the parent. If a child comes for a 2-week visit, I don't know how you would prove physical residence of the child at the father's address.
But maybe others here may want to sound off on this point...
Yes, the parents are divorced and no custody was given, both parents had agreed that the child can stay with whoever he likes whenever. The child purchased his car under his father's name was insured in the US and had active US bank account. Would those be accepted instead of school records?
Whatever do you mean, "no custody was given"??Yes, the parents are divorced and no custody was given
Was there any court order/divorce decree regarding equal joint custody?
I am not sure about the car and the bank account, but as I said before, a 2-weeks visit does not seem to satisfy the CCA requirements.
It is not just a matter of documenting the child's presence but also a matter of complying with the law's requirements in reality.
Whatever do you mean, "no custody was given"??
Was there any court order/divorce decree regarding equal joint custody?
I am not sure about the car and the bank account, but as I said before, a 2-weeks visit does not seem to satisfy the CCA requirements.
It is not just a matter of documenting the child's presence but also a matter of complying with the law's requirements in reality.
Yes, it was an equal joint custody and there is documentation from court which has that listed.
The child also spends all of his summer time there, but that is before the father became a US citizen. Not sure if that would make any difference.
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The child also spends all of his summer time there, but that is before the father became a US citizen. Not sure if that would make any difference.
No, it would not.
Let me say again that it is not simply a matter of getting a few supporting documents, but of satisfying the substantive requirements of the law. If one tries to pull a fast one, particularly with N-600, there are all sorts of possible unpleasant consequences.
E.g. it is rather easy for USCIS to get the info about the child's foreign travel from the CBP using his green card number - the entry/exit info is now recorded and stored by the CBP. Then they'll fairly quickly see that the child regularly resides abroad and only comes to the U.S. for short visits. Moreover, during the interview (and on the form) various statements would have to be made under oath and consequences of being caught lying are significant. It is better to play it straight.
For a minor child in terms of the proof of physical custody they really are used to seeing something fairly substantive like school and medical records, the parent's tax records showing the child as a dependent, etc.
For someone who satisfies the CCA requirements it is also possible to apply for a U.S. passport directly, without filing N-600 and obtaining a certificate of citizenship. The de facto rules there used to be more lax - e.g. from what I understand, it was possibly to prove physical custody by simply having the child and the parent come to the passport application support center together. However, I heard that the State Department has been tightening their procedures as well and that they now have stricter rules in place. However, I am not sure what is going on there now. It could be, for example, that if the child has a driver's license (or non-driver state ID) showing the same address as the parent, if the child and the parent come to the passport application center together and bring the proof of legal custody, that might just be enough to prove legal and physical custody for the purposes of getting a U.S. passport.
IF you are still under 18, move your butt back to the U.S. or give it up.
Unfortunately I'm over 18 now. Do you think physical presence might have been enough? or there is absolutely 100% that I'm not a US citizen? What do I need to do to be absolutely certain?
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Unfortunately I'm over 18 now. Do you think physical presence might have been enough? or there is absolutely 100% that I'm not a US citizen? What do I need to do to be absolutely certain?
Where were you living when your dad naturalized? Where were you living when you turned 18?
Is is more likely than not that you are NOT a USC.
Where were you living when your dad naturalized? Where were you living when you turned 18?
Is is more likely than not that you are NOT a USC.
I was with my father when he naturalized. I was outside of US when I turned 18.
I was with my father when he naturalized. I was outside of US when I turned 18.
Didn't ask merely where you were, I asked were you were living as in residing and not merely visiting.
Didn't ask merely where you were, I asked were you were living as in residing and not merely visiting.
its hard to say because I lived both in the US and outside of US. I regularly spent time in the US because of my dad. I even worked in the US from time to time.
http://www.justice.gov/eoir/efoia/bia/Decisions/Revdec/pdfDEC/3454.pdf
This is the first Precedent Decision on CCA 2000.
The ones that follow are non-precedent AAO decisions that are informative on child citizenship through derivation.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/May182010_03E2309.pdf
In this one the father natz'd and the kid had grencard but mother had legal ciustody.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/May172010_02E2309.pdf
In this one the kid was not an LPR and was too old for section 322 (N-600K).
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/May042010_02E2309.pdf
In this one the kid got a passport but the N-600 was denied and remanded back to have the Field Office conatct DOS to revoke the passport.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/Apr272010_02E2309.pdf
In this one the father could not show legal custody.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/Mar302010_03E2309.pdf
In this one the father proved the kid was residing with him through school records at the same address as him.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/Mar302010_01E2309.pdf
In this one, the USC father was not married to the mother and they both live in the U.S. but the kid lives with mom in another state.
This is the first Precedent Decision on CCA 2000.
The ones that follow are non-precedent AAO decisions that are informative on child citizenship through derivation.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/May182010_03E2309.pdf
In this one the father natz'd and the kid had grencard but mother had legal ciustody.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/May172010_02E2309.pdf
In this one the kid was not an LPR and was too old for section 322 (N-600K).
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/May042010_02E2309.pdf
In this one the kid got a passport but the N-600 was denied and remanded back to have the Field Office conatct DOS to revoke the passport.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/Apr272010_02E2309.pdf
In this one the father could not show legal custody.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/Mar302010_03E2309.pdf
In this one the father proved the kid was residing with him through school records at the same address as him.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/Mar302010_01E2309.pdf
In this one, the USC father was not married to the mother and they both live in the U.S. but the kid lives with mom in another state.
Jackolantern
Registered Users (C)
its hard to say because I lived both in the US and outside of US. I regularly spent time in the US because of my dad. I even worked in the US from time to time.
Between the time your father naturalized and you turned 18, were you spending most of each year living in the US? Were you attending school inside the US (other than summer school)? How old are you now, and how old were you when your father naturalized?
The problem is that it appears you were merely visiting the US, not actually residing in the US with your father. Which would mean you're not a citizen. You might also lose your green card, if you've been spending too much time outside the US. When was your last exit from the US?