US Citizen and Child

I really think these unwarranted and downright silly attacks on JoeF are completely uncalled for - and we should really have a moderator that can control childish outbursts of this nature in what is otherwise a very educational forum.

JoeF has never gotten personal in his comments and in my experience has always assisted people in interpreting possible avenues within the letter of the law. Furthermore, when proven wrong, he clearly admits his mistake.

In my personal opinion, people who are looking for loopholes and ways to "weasel" out of legal requirements should not be offended if someone points out that what they are seeking to do is illegal.
 
It is not specified when in the 5 years this has to be, and it doesn't have to be continuous.
Click to expand...

This is one gray area if understand then we can understand the law better.
 
Avalon said:
JoeF

What is the difference between "continuous residence" and "physical presence"?
Click to expand...

Avalon,

In my opinion contineous residence means you are not staying outside US for extended period of time (more than six months) and or frequency of going out, but again if you had a legitimate reasons and have top travel out of US frequently , your intetions still remain to be permanent in US. For e.g if your employment requires you to travel outside frequently then this will be alright.

Physical presence requires you to be in the US for 2.5 yrs out of 5 yrs residency requirement.
 
unitednations said:
JoeF, question for you about child citizenship.

It appears that a child under 18 can only get citizenship if parent is or becomes citizen.

I know it sounds a little odd but what if parent doesn't want to become citizen but wants child to become citizen.

Is there any way that can happen. I haven't been able to find any guidance on this issue.
Click to expand...

There are only two ways a child can become a citizen. Firstly, the child can derive citizenship once its parent(s) become US citizens. The only other way is to wait until the child becomes an adult and applies for citizenship on his own.
 
Pungiwalla,

UnitedNations has given a lot of information. This is a good news that your child, as long as below 18 can derive Citizenship immediately after getting GC without having to wait for 3 or 5 years and without showing affidavit of support.

Please explore the links and I am sure now you are less worried about your child's GC and Citizenship. If you still have questions then please put them in this forum and people will be happy to answer. :)
 
Thanks guys. Ok So let's say, I obtain my US citizenship, My daughter who is below 18 living in india(no GC), I go to India, I file for her GC through CP, assuming she gets a GC, could I apply for US citizenship at US consulate in india ? or first you have to travel to US, get a GC and then file for naturalization ?
 
Pungiwalla,

Now you need to find the time line. That is,

1. When you will get citizenship?
2. When will you file for GC through CP?
3. How long will it take to get GC?
4. When you will file for citizenship for your daughter?
5. How long will it take to get citizenship for your daughter?

This is because you have to do this before your daughter turns 18 and you need to make sure that every variable fits into the time line.
 
This is from "A guide to Naturalization":

A child who is born to two alien parents who naturalize after the child’s birth
can become a U.S. citizen by action of law on the date on which all of the following
requirements have been met:
• The child was lawfully admitted for permanent residence*, and
• Either parent was a United States citizen by birth or naturalization**; and
• The child was still under 18 years of age; and
• The child was not married; and
• The child was the parent’s legitimate child
• The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and
• The child was residing in the United States in the physical custody of the U.S. citizen parent.
If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship.

This suggests that a minor child needs to be admitted to US as LPR and physically stay with citizen parent(s) in the US in order to apply for citizenship.
 
Parent sponsoring child

Can someone help advice:

My mum is due for her residency, I will put in my papers for residency under unmarried child over 18. The question I have that after I have filed my papers can I put my fiancees' papers for sponship?

Please advice
 
You must log in or register to reply here.
Top