Citizenship for Children of US citizen mother

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Steve65

Registered Users (C)
My sister is a US citizen from birth, lived in United States for first 3 yrs of life. Moved to Canada, but still visited every summer for 3 months. Worked in US about 1yr after 14yrs aswell.

She now has 3 kids and wants to move back full-time to United States. What is the quickest way to be able to enter and children being eligible to aquire citizenship. Also is married so would need to file a spouse type visa. Do the kids qualify for anything. Any help is greatly appreciated.
 
Important for your sister to have paid taxes while away as a US citizen.

She needs to be in US in order to get visas for her husband and kids. There is the option of the K-3 Visa for spouses and K-4 Visa for unmarried children below 18 years of age.
 
Steve65 said:
My sister is a US citizen from birth, lived in United States for first 3 yrs of life. Moved to Canada, but still visited every summer for 3 months. Worked in US about 1yr after 14yrs aswell.

She now has 3 kids and wants to move back full-time to United States. What is the quickest way to be able to enter and children being eligible to aquire citizenship. Also is married so would need to file a spouse type visa. Do the kids qualify for anything. Any help is greatly appreciated.
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Your sister needs to file individual I-130s for her spouse and EACH child. As long as her kids are unmarried they can get visas if the I-130 is filed prior to their 21st birthdays.

As for the kids' citizenship, insufficient information has been presented. IF any child acquired U.S. citizenship (USC) at birth (this is unlikely) THEN as long as they enter the U.S. with immigrant visas prior to their 18th birthdays, they will automatically derive USC upon entry.

Your sister will need to file form I-864 for her spouse, but NOT for any child who will instantly gain citizenship upon entry. The I-864 demands that SHE (the I-130 petitioner) be domiciled in the U.S. She will need to come to the U.S. in advance of the rest of the family and will need to meet the income requirements for the I-864. See USCIS form I-864P also.

IF she does not have the income or assets, it is possible that her spouse might have a chance to file form I-864W. IF that is not in the cards, she would need (a) co-sponsor(s) [maybe you?].

She should consult an attorney about the kids' citizenship (they were likely NOT USCs at birth, but insufficient info was provided to tell for sure.)

Good Luck.
 
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