My sister who is a natural born US citizen moved back to America from Canada recently with her 3 kids all under age 12. Children were born in Canada with a Canadian Father who she is still married to waiting on his I-130 approval. What is the best route to her children becoming US citizens or are they already US citizen from birth.
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Us citizen sisters kids
- Thread starter Steve65
- Start date
Jackolantern
Registered Users (C)
They might be able to claim US citizenship at birth, depending on how long your sister lived in the US before their birth and her marital status at the time of giving birth, and her ability to prove that she lived in the US for the required number of years. See http://travel.state.gov/law/citizenship/citizenship_5199.html
If they don't qualify for citizenship at birth, she'd have to file I-130 for each of them (and I-485, if they're inside the US) to get green cards for them. Upon green card approval they'd become citizens once they're living in the US in her custody.
Once their citizenship is established, she can apply for proof of citizenship in the form of a US passport and/or citizenship certificate (N-600).
If you have more questions about this, ask in the US citizenship section.
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.
If they don't qualify for citizenship at birth, she'd have to file I-130 for each of them (and I-485, if they're inside the US) to get green cards for them. Upon green card approval they'd become citizens once they're living in the US in her custody.
Once their citizenship is established, she can apply for proof of citizenship in the form of a US passport and/or citizenship certificate (N-600).
If you have more questions about this, ask in the US citizenship section.
They might be able to claim US citizenship at birth, depending on how long your sister lived in the US before their birth and her marital status at the time of giving birth, and her ability to prove that she lived in the US for the required number of years. See http://travel.state.gov/law/citizenship/citizenship_5199.html
If they don't qualify for citizenship at birth, she'd have to file I-130 for each of them (and I-485, if they're inside the US) to get green cards for them. Upon green card approval they'd become citizens once they're living in the US in her custody.
Once their citizenship is established, she can apply for proof of citizenship in the form of a US passport and/or citizenship certificate (N-600).
If you have more questions about this, ask in the US citizenship section.
I believe she would fall short of proving the 5yrs total. So she would have to pay for an I-130 for each child? and then an I-485 for each child aswell. That's a lot of filing charges. When she filed the I-130 for her husband was told that she did not need to file for her kids.
Jackolantern
Registered Users (C)
I believe she would fall short of proving the 5yrs total. So she would have to pay for an I-130 for each child? and then an I-485 for each child aswell. That's a lot of filing charges. When she filed the I-130 for her husband was told that she did not need to file for her kids.
That's probably because they assumed her kids are US citizens, and they didn't know she was short of the required 5 years including 2 years after her 14th birthday.
If she doesn't have the 5 years but one of her parents does, an alternative to the I-130/I-485 route would be N-600K which is cheaper and allows children to obtain US citizenship based on a US citizen grandparent's 5 years in the US. However that would require her to live outside the US with the kids, as the N-600K is for children who live abroad with a US citizen parent. It would have been a good option if your sister was aware of it before she moved to the US, but it probably doesn't make sense at this time.
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That's probably because they assumed her kids are US citizens, and they didn't know she was short of the required 5 years including 2 years after her 14th birthday.
If she doesn't have the 5 years but one of her parents does, an alternative to the I-130/I-485 route would be N-600K which is cheaper and allows children to obtain US citizenship based on a US citizen grandparent's 5 years in the US. However that would require her to live outside the US with the kids, as the N-600K is for children who live abroad with a US citizen parent. It would have been a good option if your sister was aware of it before she moved to the US, but it probably doesn't make sense at this time.
It's not that she did not live in United States over 5yrs total, it's backing up that claim. I was able to show my fathers evidence for the N-600 but since she was so young pictures and doctor visits is pretty much all she has for earlier years. Later years she has 2 years of Social Security statements. So if she filed the I-130 she would need to file one for each child and one I-485 for each child aswell?
Jackolantern
Registered Users (C)
Yes, each child would require an I-130 and I-485. So that's three I-130s and three I-485s total. And three I-693 medicals (there's no USCIS fee for it, but the doctor will charge a fee).