How long after the GC apply for citizenship

Deeva said:

Does child have to have GC?? What if child is non-GC??
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I believe the requirement is that the child is present in the US (a single second will suffice) as a permanent resident (go to the link I posted earlier).
Therefore, if the child is not a permanent resident then he is nt a citizen...

Deeva said:

And for protecting GC's requirements applies same to child's GC??
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Didn't understand the question (was it a question?). Please be more clear and try to elaborate.


Take care,
Yalag
 
yalag said:
I believe the requirement is that the child is present in the US (a single second will suffice) as a permanent resident (go to the link I posted earlier).
Therefore, if the child is not a permanent resident then he is nt a citizen...

Didn't understand the question (was it a question?). Please be more clear and try to elaborate.
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My son is GC holder now, but I want to send him back in my country for school.
I will be eligible for citizenship in next few yrs. So my q/s is
1) Will my kid loose GC , if he starts school in other country
2) If YES, then when I will become citizen, can he become citizen easily ??

thank all
 
Anahit said:
And it's before not after.
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NO! NO! NO! All these requirements (i.e. under 18, PR, Parent citizen) must be satisfie on the day (Feb 27 2001) or LATER!
For example: If a person turned 18 a week before that day - he doesnot turn automatically to be a citizen. His only recourse to become a citizen is by filing N-400.

Similarily, If a child lost his PR status prior to the aforementioned date he does not automatically become a US citizen

Conversely, if a child with GC is under 18 AFTER Feb 27 2001 and his parent is a US citizen at that time - he is automatically a citizen.

Yalag
 
yalag said:
NO! NO! NO! All these requirements (i.e. under 18, PR, Parent citizen) must be satisfie on the day (Feb 27 2001) or LATER!
For example: If a person turned 18 a week before that day - he doesnot turn automatically to be a citizen. His only recourse to become a citizen is by filing N-400.

Similarily, If a child lost his PR status prior to the aforementioned date he does not automatically become a US citizen

Conversely, if a child with GC is under 18 AFTER Feb 27 2001 and his parent is a US citizen at that time - he is automatically a citizen.

Yalag
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OK. That makes sense. I understand that. But then what does this mean?
Q: What is the effective date of U.S. citizenship for children who met all the requirements of the new law prior to February 27, 2001?
A: February 27, 2001. Even though the requirements were met before the Act's effective date, citizenship is only acquired on that date.
Please explain.
 
If your son is under 18 when you become Citizen and he is an LPR at the time, he will derive natz from you. Once he is a citizen he can leave the country indefenitely
 
Anahit said:
OK. That makes sense. I understand that. But then what does this mean?
Q: What is the effective date of U.S. citizenship for children who met all the requirements of the new law prior to February 27, 2001?
A: February 27, 2001. Even though the requirements were met before the Act's effective date, citizenship is only acquired on that date.
Please explain.
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It means that the law is not retroactive. i.e. Even if you had the three requirements (GC, parent Citizen, Under 18) before 2/27/01 you cannot be a citizen until that date. In other words it means that there are FOUR requirements that must be satisified simultanously:
1. On or after 2/27/01
2. Under 18
3. Citizen parent
4. Permanent resident

Hope that explains it.

Yalag
 
Deeva said:
My son is GC holder now, but I want to send him back in my country for school.
I will be eligible for citizenship in next few yrs. So my q/s is
1) Will my kid loose GC , if he starts school in other country
2) If YES, then when I will become citizen, can he become citizen easily ??
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Rahul Kumar said:
If your son is under 18 when you become Citizen and he is an LPR at the time, he will derive natz from you. Once he is a citizen he can leave the country indefenitely
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If I may, I would like to add on Rahul's

1. If it is realy important for you, you can send your child to learn abroad. Even if he looses his PR status as result of leaving for more than 2 years - once you are a citizen (assuming he is still under 18) - you can reapply for him for GC (with direct consular application this can take very little time - easily less than 6 months - see other threads about this). Once he gets his GC he is automatically a citizen.

2. If your child always applies for advanced parole he can leave for two years at a time. I assume - and Rahul please correct me if I am wrong - that immigration is more lenient with minors especially if their parents have not severed their ties with the US. Therefore, he has slim chances of loosing his GC.

In any event be sure to make an informed decision,

Yalag
 
yalag said:
It means that the law is not retroactive. i.e. Even if you had the three requirements (GC, parent Citizen, Under 18) before 2/27/01 you cannot be a citizen until that date. In other words it means that there are FOUR requirements that must be satisified simultanously:
1. On or after 2/27/01
2. Under 18
3. Citizen parent
4. Permanent resident

Hope that explains it.

Yalag
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That's what I always new about this issue. Only the answer to that question sounded like the child can still acquire citizenship on or after February 27, 2001, even if the requirements were met prior that day, which did not make any sense to me. Maybe I was interpreting that answer the wrong way, but I totally agree with you.
Thanks,
Anahit
 
yalag,

1. I would never recommend losing your GC and applying for it a few years later. DCF is very liberal in rejecting 'non-straightforward' cases and If you had a GC and lost it and you are trying to DCF it back then IMO you stand a weak chance. It would be stupid to leave the country for over 2 years and lose your GC while the parent is close to Naturalization.

2. Advance Parole is Pre-GC. What he needs is a "Reentry permit". Apply for a reentry approx 1 year before you need it as I-131 take a very long time indeed!
 
Rahul Kumar said:
yalag,

1. I would never recommend losing your GC and applying for it a few years later. DCF is very liberal in rejecting 'non-straightforward' cases and If you had a GC and lost it and you are trying to DCF it back then IMO you stand a weak chance. It would be stupid to leave the country for over 2 years and lose your GC while the parent is close to Naturalization.
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No argument here. However, as a parent I know how much education is important. Heck, I am paying close to 40 grand a year just to have my kids go to a private school according to my beliefs when I have an excellent free public school accross the street, (and I don't make too much money...). I know I would have given up my residency status if that meant compromising my children's education.

Rahul Kumar said:
yalag,

2. Advance Parole is Pre-GC. What he needs is a "Reentry permit". Apply for a reentry approx 1 year before you need it as I-131 take a very long time indeed!
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My bad. I sometimes confuse between these terms - I ought to be more careful.

Yalag
 
invoking a old thread!!!!


"The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence. "

The above quote is from Child Citizenship Act of 2000.

My question is if the child enter the country lawfully but on a NON-Immigrant visa as B1/B2 then change to H4 then Green Card and still under 18 yrs of age. Can he get the passport without applying for N600 certification. If not
will their be any problem in getting citizenship thru N600.

Whats the difference between entring the country as immigrant or non-immigrant and then changing the status to immigrant (GC).

Thanks.
 
Aibolit said:
4 years and 9 months. As long as you didn't break continuous residence (sounds like you didn't) you can disregard 45 days of absence.
QUOTE]


Actually it is not 4 years and 9 months, it is 90 days before 5 years are up. They are not the same thing and people do get caught out with it.

regards
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