filing for 485 -- Son is a us citizen

It all makes sense

Now I really understand why law firms insist on charging a consultation fee. It is to avoid answering such questions.
 
THats right

On one hand he says his son is a US citizen or the other hand asking whether to apply for 485 (Adjustment of status from US Citizen to ???????????????????????????).

Yeah, even a DUMBEST and incompetent attorney can rip off this guy so easily. Recent Immigration brought lot of smart fellows into this coutrny along with some dumb ones.
 
Born here does not automatically mean US citizen...

A good test would be to apply for a US passport, then you will know whether your son is really a citizen or not. If he has a US passport, than your question is moot.
If he has a passport from your country or has been added to your or your wife\'s passport , you will have to file for AOS for him alongwith your 485.
 
Couldn\'t agree with you any better, milk

U got that right. Since u have been visiting this forum for a long time you would have to agree that the forum\'s quality is deteriorating as well and monotonous questions and dumb questions by some selfish pricks who only want RD\'s, ND\'s etc.

If u write a question on let\'s say divorce, instead of answering that they first ask RD/ND and then take it and shove it up their a.. and then stop answering. This forum was a lot better less than 6 months back where information was abundant and people were committed to exchanging info mutually without hesitation.

All u can say is these are lucky folks compared to older folks who waited years and years to get their GC\'s. That is where all this immaturity and dumbness seeps in, caz u don\'t have to wait that long and so u don\'t need to either learn the law and are a law onto themselves.
 
That may not be right!

There was a discussion on one of these boards before about this very same topic. A father wanted his US born son to be an Indian citizen. Arguments (may be facts too, I don\'t remember) went like this:
Govt of India will issue a PP to the son. But, US considers him to a natural born citizen and a passport is not necessary for you to be a citizen, but is necessary for you to travel ("outside the western hemisphere", to be exact). Now, if the son travel to India (outside WH) and try to get back into US with Indian PP, INS may stop him because he does not have the US passport.

He can give up US citizenship and get an Indian PP only after attaining the age of 18 (or 21?). Basically, the parents can not decide citizenship on behalf of the child.
 
No Title

jaxen, I am not aware of any law that voids US born children\'s citizenship while his/her name is added to parent\'s foreign passport.
A child born in US is automatically granted US citizenship with some exception, e.g. diplomat\'s children do not qualify.
 
No such law...

There is no law that voids US born children\'s citizenship. And there is no law that grants US citizenship as a birthright too. You do not know what intrepretation of law that INS will take today or 18 years from now. If that person should have added his son in the 485 and did not add , our armchair opinions are not going to help.
So once again the best test is to get the US passport for the kid and if denied , add him to the 485 application.
Regarding rudeness and other HA HA -- No comments.
 
No Title

Jaxen, I appreciate you focus our discussion on applicability of the law not rudeness. That\'s great
I still disagree with you regarding your statement "there is no law that grants US citizenship as a birthright "
Here is INS interpretation of the law as stated in INS website
1) By being born in the United States

If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
 
Exactly, you do not need to apply for a PP to "test" your citizenship ...

... rather get a PP for what it is intended for. That is to travel.
 
What do you mean by saying that born here does not mean automatically US citizen

yes it is..unless you go and renounce yourself... Duh !!!
 
Guys, cool down

Like some folks mentioned here, unless a child born to a diplomat, Each and Every child born in US (even to an illegal alient) is a US CITIZEN. That is the law. I have a 2 yr old daughter born here, and she does have a US Passport. The birth certificate given at the county is the ultimate proof for US citizenship.

And also, I heard like if a child is born during the flight, the child has the option to choose the Citizen of the country where the Airlines is based or the citizenship of the parents home country.

If a child born on a foreign ship in US waters (not international waters, I think it starts from 10 miles or something from the port) in a port, also gets the US citizenship
 
One more thing I want to add here is

If you are in a foreign country, it is your responsibility to know/aware the law, and obey it (esp after 9/11 incidents). When you get caught for some simple mistakes, IGNORANCE of the law is not going to save your A--. Ofcourse, US is a free country and people hesitate to ask your roots or home country even law officials need to follow certain procedures. But it is not like that any more after 9/11 incedents. The law says the immigrants or non immigrants always need to carry their status documents (passport or I-94 or I797 etc). It is never practised before in US (because US people respect ones rights than anyother country in the world), but 9/11 incedents changing the whole picture even in US.

So guys, knowing the law will save your A-- in trouble times. Be aware of the law.
 
No Title

How do u add child\'s name even before the birth.
Mother need a passport to come to this country
before giving birth . Another dumb clarification.
 
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