US Citizenship for Child Born aboard in Canada

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pjsingh

Registered Users (C)
Hello Guys,

I am currently a US Permanent Resident married with Canadian Citizen Wife (Already filled I-130 for Wife in 2005), We blessed with baby girl born in 2007. I am eligible to file for US citizenship in May 2009. The I-130 for my wife is still pending.

I am wondering, Is it possible I can apply to consular abroad to get citizen certificate for my daugther right of way after I become US citizen or she is not eligible under current laws.

or Do I have to inculde my daugther in Relative Petition when I upgrade my I-130 file still pending for my daugther to become Permanent Resident with my wife?. I am very confuse please help me:confused:

Thank you for your help in advance.
 
pjsingh said:
Hello Guys,

I am currently a US Permanent Resident married with Canadian Citizen Wife (Already filled I-130 for Wife in 2005), We blessed with baby girl born in 2007. I am eligible to file for US citizenship in May 2009. The I-130 for my wife is still pending.

I am wondering, Is it possible I can apply to consular abroad to get citizen certificate for my daugther right of way after I become US citizen or she is not eligible under current laws.

or Do I have to inculde my daugther in Relative Petition when I upgrade my I-130 file still pending for my daugther to become Permanent Resident with my wife?. I am very confuse please help me:confused:

Thank you for your help in advance.
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she has to be a green card holder first before she can become a citizen.
 
Thanks

Thankyou for your quick reply

What about the law under 18 years old to become automatic citizen?
 
When you become a citizen, can't you just bring the child to the US? She'll still be less than 2, so that's possible, right?
 
I know I can bring her to USA without any issue, but what happens when she comes here. She can get citizenship?
 
pjsingh said:
I know I can bring her to USA without any issue, but what happens when she comes here. She can get citizenship?
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First you need to get her here as a green card holder. When she does become a permanent resident (assuming that you will have legal custody of her) then she will become a citizen by operation of law. There is no short cut--you need to petition for her immigration first through the I-130 process and get her in as an immigrant.
 
thankful said:
once she is admitted as a green card holder she becomes a citizen.
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So let me get this right. If you are a U.S Citizen and your child is born abroad, that child is a citizen automatically(ofcourse have to register his/her birth abroad at the embassy)..

However if you are a GC holder, your child is born abroad, you become a citizen, then you have to file I-130, get a GC for the child..then when the child enters, you apply for his/her U.s Citizenship with what form? N-600? stupid question here..but the CHILD wont go through the FP process and bio code 1/3 etc..??
 
wantmygcnow said:
So let me get this right. If you are a U.S Citizen and your child is born abroad, that child is a citizen automatically(ofcourse have to register his/her birth abroad at the embassy)..

However if you are a GC holder, your child is born abroad, you become a citizen, then you have to file I-130, get a GC for the child..then when the child enters, you apply for his/her U.s Citizenship with what form? N-600? stupid question here..but the CHILD wont go through the FP process and bio code 1/3 etc..??
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The rules in this area are very complicated, thanks to Congress who have written so many rules over the years.

To answer your first question, if you are a citizen (and your spouse is an alien) and your child is born abroad, then the child is a citizen if and only if you have lived in the U.S. for 5 years, at least 2 of which were after age 14. If both you and your spouse are citizens, then the child is considered a citizen if either you or your spouse has resided in the United States before the child is born (there is no length requirement).

This is only good for children born after November 1986. Before that a different set of rules applies.

As for your second question, you are correct. The child has to apply through the I-130 process and will be admitted as a green card holder. This will be an immediate relative and there are no visa quotas. Once the child has a green card the child is automatically considered a citizen. You can just apply for a passport for her.

Now this applies only post 2001. The rule was different before then.

It is confusing, right?
 
So if a US citizen has never lived in the US and has a child abroad, the child isn't automatically a citizen? Will the consulate even ask questions if you just register the child as a citizen and get a passport?
 
cafeconleche said:
So if a US citizen has never lived in the US and has a child abroad, the child isn't automatically a citizen? Will the consulate even ask questions if you just register the child as a citizen and get a passport?
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Consular people are not dumb. They of course will ask.
 
cafeconleche said:
So if a US citizen has never lived in the US and has a child abroad, the child isn't automatically a citizen? Will the consulate even ask questions if you just register the child as a citizen and get a passport?
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How can a U.S citizen "never" live in the U.S?? I am sure he/she satisfied 30 months residency requirement before naturalizing?
 
Thankful, so what is the reason for "then the child is a citizen if and only if you have lived in the U.S. for 5 years, at least 2 of which were after age 14."

still confused. after the age of 14..why after 14? So are they saying if you lived here since age 16 or 17 onwards..your child wont qualify?

What was the theory behind this stupid law. Why age 14??
 
wantmygcnow said:
Thankful, so what is the reason for "then the child is a citizen if and only if you have lived in the U.S. for 5 years, at least 2 of which were after age 14."

still confused. after the age of 14..why after 14? So are they saying if you lived here since age 16 or 17 onwards..your child wont qualify?

What was the theory behind this stupid law. Why age 14??
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Why age 14, you have to ask Congress, not me. LOL
 
wantmygcnow said:
How can a U.S citizen "never" live in the U.S?? I am sure he/she satisfied 30 months residency requirement before naturalizing?
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It is possible. Bear with me. A citizen can have a child abroad and that child can qualify for citizenship (see my posting above as to how). So the child is a citizen in spite of not having born here. He can spend his whole life outside the U.S. and still retain United States citizenship. He does not need to ever set foot in this country. When this child grows up and has his own kids, these kids will NOT be citizens. Do you follow? Congress wrote these rules to prevent people born abroad from being citizens if their ties to America are generations removed.
 
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wantmygcnow said:
Thankful, so what is the reason for "then the child is a citizen if and only if you have lived in the U.S. for 5 years, at least 2 of which were after age 14."

still confused. after the age of 14..why after 14? So are they saying if you lived here since age 16 or 17 onwards..your child wont qualify?

What was the theory behind this stupid law. Why age 14??
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I do not think you understand my original post. Please reread.

At the time at the child is born outside the US the citizen parent must have lived in the US for five years. Of those five years, two of them must be after the parent had turned 14.
 
I called immigration couple months ago they said, I don't have to file seperate I-130 for my daughter because she of her age and she will have co-joint benefits with my wife status. Is it true?
 
pjsingh said:
I called immigration couple months ago they said, I don't have to file seperate I-130 for my daughter because she of her age and she will have co-joint benefits with my wife status. Is it true?
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This is true ONLY if you are a permanent resident. But if you are a citizen you must file an I-130 for each person.
 
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