US Citizenship for Child Born aboard in Canada

[pjsingh]

I am on PR status, as I mentioned in my initial post. Thankful told me to file seperate I-130 for my daugther and now you are saying I don't have to file seperate I-130 it's confusing.

I am getting all kind of mix opinions. My question is simple "Do I need to file I-130 petition for my daugther based on my PR" or "She will get co-joint benefits when my wife petition gets approval after I upgrade my wife I-130 next couple of months based on my citizenship

 

[wantmygcnow]

I am on PR status, as I mentioned in my initial post. Thankful told me to file seperate I-130 for my daugther and now you are saying I don't have to file seperate I-130 it's confusing.

I am getting all kind of mix opinions. My question is simple "Do I need to file I-130 petition for my daugther based on my PR" or "She will get co-joint benefits when my wife petition gets approval after I upgrade my wife I-130 next couple of months based on my citizenship

AS a PR you always have to file I-130 to get your child here..no other way.

Once you become a citizen, you can "upgrade" that petition for your wife & child. However just to be certain that your child is already not a U. S Citizen based on your naturalization, contact the U.S Embasy in the country and they will determine if your child is a U.S citizen or needs a GC based on your files I-130.

 

[Triple Citizen]

My sister was born in the US in 1969 and my parents moved out of the US in 1970. My sister has been a US citizen since birth but never lived in the US and thus never completed the physical requirements so that her 4 kids may acquire US citizenship. Only when my parents retired to the US on GCs and completed 5 years of physical presence, was my sister able to submit N-600Ks for her kids. Her kids are now US citizens.

How can a U.S citizen "never" live in the U.S?? I am sure he/she satisfied 30 months residency requirement before naturalizing?

 

[guacho]

To thanks

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?

Here is a link explaining in detail, however...when the law states " live in the US at least 5 years", does it mean AS a citizen??? does time as PR count??

http://www.uscitizenship.info/en_US/faq/citizenship/ans/g67.jsp

Guacho

 

[cafeconleche]

What if a child is born to US citizens abroad who have never lived in the US, and the country in which it is born does not bestow citizenship upon birth (like, say, Saudi Arabia). The child is then stateless? Or, does it become a US citizen if it is at risk of being stateless?

 

[Jackolantern]

What if a child is born to US citizens abroad who have never lived in the US, and the country in which it is born does not bestow citizenship upon birth (like, say, Saudi Arabia). The child is then stateless?

The child would be stateless, unless the parents have another citizenship that the child can inherit (which would be likely if they never lived in the US) or the child can qualify for US citizenship via the grandparent rule.

 

[thankful]

What if a child is born to US citizens abroad who have never lived in the US, and the country in which it is born does not bestow citizenship upon birth (like, say, Saudi Arabia). The child is then stateless? Or, does it become a US citizen if it is at risk of being stateless?

The child would be stateless then. Being stateless is not a basis to claim U.S. citizenship. Otherwise believe me there would be many stateless people!!!!!.

 

[cafeconleche]

Well, I didn't mean that the child could possibly claim US citizenship just by virtue of being stateless. I meant that, since the child would be stateless, the child could be considered a US citizen since the parent(s) is/are American, and the child has no other options. For example, some countries, where a child is not automatically a citizen just by being born there, consider the child a citizen if the child would otherwise be stateless.

 

[raevsky]

A similar provision exists in the US. Not the same though.

7 FAM 1118 FOUNDLINGS
(TL:CON-64; 11-30-95)
a. Under Section 301(f) INA (formerly Section 301(a)(6)), a child of unknown parents is
conclusively presumed to be a U.S. citizen if found in the United States when under 5
years of age, unless foreign birth is established before the child reaches age 21.
b. Under Section 201(f) NA, a child of unknown parents, found in the United States,
was presumed to have been a U.S. citizen at birth until shown not to have been born in the
United States no matter at what age this might have been demonstrated

 

[raevsky]

Actually, there is another clause. Almost what you mention.

7 FAM 1135.3 Children Born Out of Wedlock Before
Noon EST May 24, 1934
7 FAM 1135.3-2 To American Mother
(TL:CON-68; 04-01-1998)
a. In about 1912, the Department began to hold that a child born out of
wedlock to a U.S. citizen mother (before May 24, 1934), acquired U.S.
citizenship through the mother if she previously had resided in the United
States. It was considered that in the absence of a legally recognized
father, the mother, as the sole parent, would have the rights normally
attributed to a U.S. citizen father. This also avoided statelessness for the
child.