If I am a U.S. citizen, is my child a U. S. citizen?

[equate]

Some of the ealier posts in this thread were completely wrong. They were listing the requirements for acquired citizenship for children of a US citizen. That is, one of the child's parents were already a US citizen at the time the child was born. They seem to have totally miss that.

I bet the original poster was in for a total surprise when he found out his child had to go back to Norway to wait for a green card for 6 years instead of getting the citizenship right away.

 

[Huracan]

I agree some of the earlier posts had some confusing or wrong information, mostly on the answers to the original post on 2004. Pretty much all other recent posts have mentioned rightly that the poster needs to apply for Green Card for the children, even with that it would have to have legal and physical custody (which I guess doesn't have as the children are outside the U.S.) It doesn't seem like the problem has easy solution unless the ex gives up legal and physical custody.

I only have a question. Won't the unmarried minor children have a chance to get the Green card quickly? I thought they were immediate relatives with unlimited number of visas. In that case I guess it would be I-130 and a I-485. I guess it should be doable in a year or so. I don't have much knowledge on that side of immigration, but 6 years seems excessive to me.

 

[boatbod]

Won't the unmarried minor children have a chance to get the Green card quickly? I thought they were immediate relatives with unlimited number of visas. In that case I guess it would be I-130 and a I-485. I guess it should be doable in a year or so. I don't have much knowledge on that side of immigration, but 6 years seems excessive to me.

I'm certain that would be the case. Sponsorship of a minor child comes under the "unlimited" family-based category of visas. If the child were in the US, you could file I-130 and I-485 together, but seeing as the child is overseas, you would have to file I-130, wait for approval and then go through consular processing for the GC. Total processing time depends on the service center involved - typically 9 months to 1 year.

 

[equate]

Ah, that's right. I forgot the minor unmarried children have no visa limit. Recently, the consular submission of I-130 has been discontinued. That should increase the processing time to 1-2 years. 6 years waiting times are for unmarried children over 18 years I guess.

I don't think the original poster's child would be able to adjust in US. The child came in though the visa waiver program. It'll be near impossible for father to demonstrate his child entered without immigration intent (certainly didn't come for sightseeing). It's clearly a misuse of VWP.

 

[Huracan]

Ah, that's right. I forgot the minor unmarried children have no visa limit. Recently, the consular submission of I-130 has been discontinued. That should increase the processing time to 1-2 years. 6 years waiting times are for unmarried children over 18 years I guess.

I don't think the original poster's child would be able to adjust in US. The child came in though the visa waiver program. It'll be near impossible for father to demonstrate his child entered without immigration intent (certainly didn't come for sightseeing). It's clearly a misuse of VWP.

I agree that I think it is not possible to adjust from VWP to any other category, at least that is the law or the rules. I am not sure if they can make an exception. On other point I think it is unlimited visas for unmarried children under 21. For the current poster he/she could get Green card in time for his/her children in time, but I guess he would need the collaboration of his/her ex. The trick could be that everything should be done before the older kid turns 18 to benefit from the child citizenship act for the children to acquire citizenship, and for this benefit the poster also needs the legal and physical custody, which probably will be the tougher nut to crack, unless the ex is really helpful and gives up custody.