Help! Citizenship for my kids?

C

Calamiliel

New Member
This is my first time posting so I hope someone can help me out. I am a U.S. citizen, born in the U.S. I moved to Canad when I was young (12) and lived there until almost 2 years ago when my husband, my 2 teen age daughters, and myself moved to the U.S. When we moved to the U.S., my husband came on a TN VISA and my children were granted a TD VISA. Shortly afterwards, my husbands company wanted him to move to a GC so that there would be no chance of him not being granted a TN VISA when renewed yearly. I have sponsored my husband for his GC and he is in a Adjustment Status currently.

The problem is that we never did anything about my kids. My husbands company was handling all the paperwork even though the sponsorship was through me, and they assumed my kids were U.S. citizens, even though they are not (they were born in Canada and did not reside in the U.S. until January of 2003). I assumed that because I am a U.S. citizen, they would be allowed to live with me. My bad.

They left the country this summer to visit grand parents and on returning, they were stopped at the border. Immigration finally gave them a temporary I-94 and gave us a date to meet with an officer in Chicago next week (Sept 23rd). From the digging I have done, it seems like they may qualify for citizenship if I file an N-600. Can anyone confirm this? Here are the facts:

Mother (myself)
Born: USA
Resided in Canada from age 13 - 33 (1982 - 2002)
Moved to the U.S. in January, 2003.
Currently reside here.
Both parents born and raised in the U.S. until their mid 20's

Children
Born: Canada 1989 & 1990
Resided in Canada until January, 2003
Status: expired on TD VISA December, 2003. On a temporary I-94 until Sept. 23, 2004

Spouse:
Born: Canada
Status: Adj Status (I-485, I-130) from TN


Does anyone know what is best at this point? Apply for citizenship using an N-600 or do I need to apply for a GC for both children first? Should I do anything (filing) before my appointment with an immigration officer next week or wait till the meeting?

Thanks
Cala
 
Thanks PhillyDude. I had thought so, but because I have not resided a full two years in the U.S. since I was 14, I was unsure. Then I read that if my parents had resided in the U.S. for 2 years after their 14th birthday and were U.S. citizens, then everything was good. Your post is just confirmation of what I had read.

Again, thanks.
 
I would recommend applying for passports for both of your daughters (assuming that you can obtain all the supporting documents). You don't have to wait for the N-600 applications to be approved. The DOS processes passport applications much faster than the USCIS processes N-600 applications.
 
Calamiliel said:
This is my first time posting so I hope someone can help me out. I am a U.S. citizen, born in the U.S. I moved to Canad when I was young (12) and lived there until almost 2 years ago when my husband, my 2 teen age daughters, and myself moved to the U.S. When we moved to the U.S., my husband came on a TN VISA and my children were granted a TD VISA. Shortly afterwards, my husbands company wanted him to move to a GC so that there would be no chance of him not being granted a TN VISA when renewed yearly. I have sponsored my husband for his GC and he is in a Adjustment Status currently.

The problem is that we never did anything about my kids. My husbands company was handling all the paperwork even though the sponsorship was through me, and they assumed my kids were U.S. citizens, even though they are not (they were born in Canada and did not reside in the U.S. until January of 2003). I assumed that because I am a U.S. citizen, they would be allowed to live with me. My bad.

They left the country this summer to visit grand parents and on returning, they were stopped at the border. Immigration finally gave them a temporary I-94 and gave us a date to meet with an officer in Chicago next week (Sept 23rd). From the digging I have done, it seems like they may qualify for citizenship if I file an N-600. Can anyone confirm this? Here are the facts:

Mother (myself)
Born: USA
Resided in Canada from age 13 - 33 (1982 - 2002)
Moved to the U.S. in January, 2003.
Currently reside here.
Both parents born and raised in the U.S. until their mid 20's

Children
Born: Canada 1989 & 1990
Resided in Canada until January, 2003
Status: expired on TD VISA December, 2003. On a temporary I-94 until Sept. 23, 2004

Spouse:
Born: Canada
Status: Adj Status (I-485, I-130) from TN


Does anyone know what is best at this point? Apply for citizenship using an N-600 or do I need to apply for a GC for both children first? Should I do anything (filing) before my appointment with an immigration officer next week or wait till the meeting?

Thanks
Cala
Click to expand...

Read the following:
http://travel.state.gov/family/childcit.html#2
http://uscis.gov/graphics/publicaffairs/factsheets/chowto.htm
Its a good idea to apply for passports first but you MUST get Certificate of Citizenship (by filing N-600).
 
right since you are a us citizen your kids are as well

you will need to apply for an N600 and get them some us passports

then take that certificate of citizenship for your kids and store it under lock and key forever because they are a pain to replace if lost.
 
yes but since mom has lived here more than a year as an adult I am pretty sure any residency qualification is met.

when you have them apply for the passport be sure and put down "NO" to the question whether they took any allegiance to any other country.
 
Good Luck!

This answer would also apply to you.

All children under the age of 18 with LPR status automatically becomes a citizen when one parent becomes a US citizen, also, children under the age of 18 who migrate to the US with a US parent will automatically become US citizens. This does not apply if your children reside outside the US, they MUST be migrating to the US. Btw, they can migrate, and get US passports and go back, if you'd like. :)

"In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance." - USCIS

http://uscis.gov/graphics/services/natz/CCA_Update.htm
 
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Hmm...

JoeF: I'm begining to agree that you occasionally give incorrect or outdated information, and come accross that you have authority on a subject that you don't, then ask people to give links? Do you google? :cool: All the links you want is on Google!

The information is contained in the Child Citizenship Program of 2004, and does not mention anything about prior residency, meaning that would not be a consideration. Please read the link for the Child Citizenship Program of 2004. This act was specifically designed for this type of situation, in addition, it also makes provision for adopted children of US citizens. By the way who the heck is Rich Wales, does he have more authority on this subject than USCIS, why provide his link, when I gave you a link directly to the USCIS site on this issue?? :confused:
 
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Please, Please ...

Please, Please read this Program or atleast my comment before replying me :eek: I have just told you that prior residency was not a consideration in this program, what part don't you understand.
 
Again...

I understand that you're not a lawyer because you say so, if you were, I would not pay you a dime to be my lawyer. you paste a quote without given the source or year it became effective.

Let me explain what an act or a program means to you, since it's obvious you cannot comprehend this simple fact. When the government or USCIS in this case introduces bill, law, act, or a program and it is passes, it means it superceeds any previous law, hence in some states Mexican illegal alliens can now obtain driver's license even though they are still "illegal" which they could not do under the previous law. Now in this case, the Child Citizen Act 2004 (i.) http://uscis.gov/graphics/services/natz/CCAFacts_Jan_04.pdf gives automatic citizenship for certain children upon entry to the U.S. or upon adjustment of status, withouth the parent having to meet any residency requirement, it's AUTOMATIC as soon as they are admitted as an immigrant. i.e step into the airport and their passport is stamped by an immigration official.

(ii.) http://uscis.gov/graphics/services/natz/bio_residing_us.htm Last Modified 01/22/2004

Frequently Asked Questions

1. Does my child qualify for automatic citizenship under the CCA?

Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
At least one parent is a U.S. citizen,
The child is under 18 years of age, and
The child is admitted to the United States as an immigrant.

2. Does my child qualify for automatic citizenship under the CCA?

Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
At least one parent is a U.S. citizen,
The child is under 18 years of age, and
The child is admitted to the United States as an immigrant.

Do I have to apply to USCIS for my child’s citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.

Whatelse do you need to know??? Do you see any residency requirements? or is there a reference to any previous law? Dont give useless information and don't rely on someone elses information, when in doubt go directly to the source USCIS. :mad: You've seen some of my posting, if I don't know, I ask, there are far more knowledgable people on here, I don't pretend to know, then argue stupidly when it's in plain english.
 
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The point is...

There's no point in arguing with you, you have chosen to ignore the fact for technicalities. Please do not misguide people who desperately seek correct information. The fact remain, and I quote directly from Child Citizenship Act (CCA) Program Update, January 2004 "This legislation represents a significant and important change in the nationality laws of the United States. The changes made by the CCA authorize the automatic acquisition of citizenship and permanently protect the adopted children of U.S. citizens from deportation.

In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance."

http://uscis.gov/graphics/services/natz/CCA_Update.htm

"This legislation represents a significant and important change in the nationality laws of the United States." ;) "Legislation-law enacted by a legislative body statute law." comprehende. Rahul, can you please explain this to this guy.
Thanks.
 
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