Desperate- please help (regarding US citizenship for minor child of citizen)

A

atlantamom69

New Member
I have Googled until I am all Googled out and I need help before I lose it. I was born in Canada to an American father and Canadian mother. When I was in my early twenties my father moved the family back to the US and I received my citizenship through him, I don't remember getting any forms, just a passport and a social security card. I was not living at home and I was not on speaking terms with my father at the time but he added me as one of his children when he went to apply so I got citizenship through him. I was a single mom of a two year old that he did not include in the application. That was the beginning of my nightmare. I moved to the US in 1996- packed up my son and set out on a Greyhound bus to the land of opportunity! We crossed the border no problem. At that time, there wasn't a requirement for minor children to have passports so my son didn't have one (first part of nightmare...no 1-55 stamp!) Of course I had no idea that this was going to be important down the road. Anyway, here's where my stupidity comes in. I went a few times to inquire about how to get citizenship for my son and each time they gave me different costs and told me different forms. They didn't seem to know what they were talking about and I didn't have $1,200 so I never got it resolved. Fast forward to now- 15 years later (crazy, I know!) I read about derivative citizenship and the Child Citizenship Act of 2000 and I finally think I've found some answers. I thought I would have to fill out a N-600 form and pay $600 but then I read that it would be better just to apply for the passport so I did....I mean how complicated is it- I'm a US citizen and my minor child needs a passport, right? Should be easy! Wrong- I sent in the stuff for the passport and didn't realize they required permanent residence (proof of green card) for my child. I thought I could supply school records and that would be that. I guess it's a good thing I didn't apply for the N-600 because then I would have been out $600 instead of $130 for the passport. SO.....can someone please tell me what to do???? Finally- once and for all? I have 9 months before he turns 18 so I have to take care of it now. Do I file a 1-130 petition??? How long will it take and what will it cost? I see two different prices. One for a little over a grand and the other for around 400. Please help me figure this out once and for all. Please.
 
There are different ways for a child to obtain citizenship through a parent(s) -- citizenship at birth, or citizenship after birth via the Child Citizenship Act of 2000 (or the older laws related to child citizenship, if the child is too old for the Child Citizenship Act).

The Child Citizenship Act requires the child to have a green card before being able to obtain derivative citizenship. Your son didn't have that, so that's why his US passport was rejected.

For the child to acquire citizenship at birth, there is no requirement for a green card, but there are requirements regarding how long the parent(s) lived in the US before the birth. And at least one parent must be a US citizen at the time of birth. You might not have proof of having citizenship for yourself at the time of his birth (your passport was issued after his birth, and you don't have a citizenship certificate of your own, correct?). And apparently you didn't live in the US before your son was born (did you? for how long?), so indications are that he is not a US citizen and the green card route will be necessary.

To complete the green card process in the US, he needs to have entered with inspection. Proving this may be problematic because he didn't have any passport at the time and presumably also didn't receive an I-94.

To obtain a green card for him, you will have to file an I-130. In addition to the I-130, you have two choices: file the I-485 to apply for him to stay in the US to complete the green card process. This runs the risk of delays or denial due to his lack of passport/I-94. But he is not legally present now, and the I-485 would allow him to stay legal during the processing.

Your other option, instead of (or after the I-485 if it fails), is for him to pursue the green card process through a US consulate in Canada. Get a Canadian passport for him, and pick the preferred consulate on Question 22 of the I-130. 6-12 months later, he'll then leave the US to interview (and complete other formalities such as fingerprinting) for the green card in Canada. But he needs to leave the US before he's 18 years and 180 days old*, or he'll be banned from the US for years.


*or 180 days after the I-485 is denied, if he's over 18 when it's denied
 
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If he completes the green card process after 18, he won't derive citizenship, but he'll be eligible to apply for citizenship on his own 5 years later.

What is the citizenship of your son's father? Was the father a US citizen before your son was born? Were you married to him?
 
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Thanks Jackolantern for your reply...even if I am more stressed out than before! Yes, it was issued after his birth and I had never lived in the US prior to his birth. His biological father is a Canadian citizen. My husband wanted to adopt him many years ago but now we are separated so that just wasn't meant to be. I'm just sad I failed my son. :( He really wants to go to college and get a job and because of my ignorance he will have major issues.

Thank you again, I will file an I-130 asap!
 
Will you file the I-485 together with the I-130, or will you file I-130 alone and choose the consular option for question 22? Or I guess you'll take some time to think through the pros and cons of either approach, and ask more questions here for clarification?
 
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