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US Citizen with Ayslee Child
- Thread starter mm1234
- Start date
Jackolantern
Registered Users (C)
When you naturalized, your child lost the opportunity for a derivative asylum GC.
How come your child still doesn't have a GC, even though you had a GC for years?
File a GC application for him as an immediate relative of USC. Then if his green card is approved before age 18, citizenship would be conferred (assuming he's still living with you in the US in your physical and legal custody).
How come your child still doesn't have a GC, even though you had a GC for years?
File a GC application for him as an immediate relative of USC. Then if his green card is approved before age 18, citizenship would be conferred (assuming he's still living with you in the US in your physical and legal custody).
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Bigjoe5 Thanks for the respond
That is exactly issue my friend is facing and he is very confuse he become US citizen last year he went local INS they told him his child who is teenager need to apply LPR in order to become US citizen. he filled i485 for the child and completed the forms and fingerprints .. now UCIS t are telling him child is not qualify LPR because the parents the principal asylee(parents) who were originally asylee now become Naturalized, therefore child do not longer meet the definition child ayslee and you are not eligible ( and he can't apply n-500 because it required child to be LPR) any help or guidance is appreciate even attorney that can help him to prepare and gather all the steps that he needs to do
That is exactly issue my friend is facing and he is very confuse he become US citizen last year he went local INS they told him his child who is teenager need to apply LPR in order to become US citizen. he filled i485 for the child and completed the forms and fingerprints .. now UCIS t are telling him child is not qualify LPR because the parents the principal asylee(parents) who were originally asylee now become Naturalized, therefore child do not longer meet the definition child ayslee and you are not eligible ( and he can't apply n-500 because it required child to be LPR) any help or guidance is appreciate even attorney that can help him to prepare and gather all the steps that he needs to do
Jackolantern
Registered Users (C)
So he added his wife for the green card but not his child? Strange.
Derivative asylum GC has become unavailable, but a family-based GC is available to the child if your friend files for him. So your friend needs to forget about the asylee case and go forward with the family-based GC.
Derivative asylum GC has become unavailable, but a family-based GC is available to the child if your friend files for him. So your friend needs to forget about the asylee case and go forward with the family-based GC.
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Children under 18 derive citizenship from parents (no matter if children are in or outside US)
You child automatically derives citizenship from you. It is that simple. You need to apply for Certificate of Citizenshhip for your child. Attach fee, photos, your naturalization certficate, his birth certificate.
Now issue of green card: you never applied for green card for him? If no, then what is his current status? Did he make illegal entry into US?
I am assuming he came with his mother on immigrant visa, later when eligible mother applied and obtained green card. However, they did not seem necessary for the child to get get green card. If that is the case, you need to also attach documents that prove his entry was legal. Which is why I am suggesting you attach his passport copy (with pages showing entry stamp). It should read, A#.... and Asylum granted.
Does the child have his original (from country of origin) passport?
You child automatically derives citizenship from you. It is that simple. You need to apply for Certificate of Citizenshhip for your child. Attach fee, photos, your naturalization certficate, his birth certificate.
Now issue of green card: you never applied for green card for him? If no, then what is his current status? Did he make illegal entry into US?
I am assuming he came with his mother on immigrant visa, later when eligible mother applied and obtained green card. However, they did not seem necessary for the child to get get green card. If that is the case, you need to also attach documents that prove his entry was legal. Which is why I am suggesting you attach his passport copy (with pages showing entry stamp). It should read, A#.... and Asylum granted.
Does the child have his original (from country of origin) passport?
You child automatically derives citizenship from you. It is that simple. You need to apply for Certificate of Citizenshhip for your child. Attach fee, photos, your naturalization certficate, his birth certificate.
Now issue of green card: you never applied for green card for him? If no, then what is his current status? Did he make illegal entry into US?
I am assuming he came with his mother on immigrant visa, later when eligible mother applied and obtained green card. However, they did not seem necessary for the child to get get green card. If that is the case, you need to also attach documents that prove his entry was legal. Which is why I am suggesting you attach his passport copy (with pages showing entry stamp). It should read, A#.... and Asylum granted.
Does the child have his original (from country of origin) passport?
star,
It does matter if the child is in or outside the U.S. and it matters if the child has a greencard. It matters if the child is living with the parent and whether the parents resides in or outside the U.S. with the child. Those differences determine which section of law would apply (INA 320 vs 322). In the circumstances described, neither apply yet. Action is required to get the child qualified for automatic acquisition of citizenship before aging out.