Citizenship of Children

has

Registered Users (C)
Hi all,

1) Should children become US citizen once their parents naturalized?

2) What about if one kid does not have GC because he was born overseas four years ago? should he wait for 5 years to be naturalized?
3) Should parents mention the name of that kid in the application (form 400)?? But his name was not in the 485 form and he was not claimed before?


3) The child is now overseas, so how long it might take the process if the parents want to sponsor their child?


I appreciate your quick reply.
Has
 
Hi JoeF
Thanks a lot. Just I want to clarify some points.

You said " why would a child born abroad to US Permanent Residents not have a GC? This could only happen if there was a screwup or the parents didn't know the rules".

The reason is the parents did not know the rules and the place in that child was born, has no US consulate. The mom left the child there.
The parents had GC when child was born.
Parents consulted lawyers about child and Lawyers said "it is better to wait when you apply for the citizenship" otherwise if you claim your child now while you are GC holder, he must wait another five years to be naturalized. But if you include his name in Form 400, the child does not to wait for long time to be naturalized

Do you think mentioning the child in the Form 400 will cause any problem? Do you think the parents should claim the child rightnow before they apply the citizenship?


Thanks
has
 
Had the mother (father) brought the child along with her (him) on her (his) first return to the US after the birth of the child and before the child turned 2, the child would have been automatically eligible for permanent residence. Unfortunately, this option is no longer available to you. My recommendation would be to do the following immediately:

1. Child's father files form I-130 for child (family category 2)
2. Child's mother files form I-130 for child (family category 2)
3. Child's father applies for US citizenship
4. Child's mother applies for US citizenship

I have suggested that both (1) and (2) be done to increase the odds of success in a timely manner. Once either parent becomes a citizen, the appropriate petition (1 or 2) can be amended to indicate that the child is now an immediate relative (specifically, unmarried minor child under the age of 21) of a US citizen; since this category has no quotas, the child will be immediately eligible for an immigrant visa. Also, once the child enters the US on this immigrant visa, the child would be automatically eligible for US citizenship under the Child Citizenship Act of 2000. Refer to http://travel.state.gov/childcit.html

I would definitely involve a competent attorney in the whole process. I would also try and get the child a visitor's visa (I am aware that the child is not eligible for one since he/she is a potential immigrant but consular officers tend to be somewhat flexible when minor children are involved).
 
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