Hi,
I am writing this post on behalf of my sister in law. She is a US Citizen at birth, and her parents are US Citizen. They left the US when she was 7 years old, and never come back to the States. She has two sons (1 year and 4 years), and because her husband is not a USC, and she did not meet the residency requirement (i.e., living for five years two of which are after her 14th birthday), she could not transfer the citizenship to her kids. Therefore, she applied i-130 for both of her kids, and they went to the US in Feb 2020 on IR5 Visa. She tried to apply for their US passport while in the US, but they asked her for proof of residency and accordingly she did not submit the passport applications. After a month, she was forced to go back to her husband, and she got trapped due to the Corona Virus pandemic and the airports are closed.
My questions are:
1- What is the status of her kids, are US citizens upon stepping a foot or landing in the US soil with the IR5 visa (legal permanent residents) (the Child Act 2000)?
2- Can she apply for their US Passport at the US embassy where she is now?
3- Does she have to submit for N600K on the basis that here parents (i.e., kids grandparents) are meeting the residency requirements, as they lived there for more than 15 years.
4- If the residency is indeed required, what is the minimum duration, since we heard different periods (ranging from 2 months to two years).
5. It is worth mentioning that they never send her the physical green cards to her US address.
Your help is really appreciated.
I am writing this post on behalf of my sister in law. She is a US Citizen at birth, and her parents are US Citizen. They left the US when she was 7 years old, and never come back to the States. She has two sons (1 year and 4 years), and because her husband is not a USC, and she did not meet the residency requirement (i.e., living for five years two of which are after her 14th birthday), she could not transfer the citizenship to her kids. Therefore, she applied i-130 for both of her kids, and they went to the US in Feb 2020 on IR5 Visa. She tried to apply for their US passport while in the US, but they asked her for proof of residency and accordingly she did not submit the passport applications. After a month, she was forced to go back to her husband, and she got trapped due to the Corona Virus pandemic and the airports are closed.
My questions are:
1- What is the status of her kids, are US citizens upon stepping a foot or landing in the US soil with the IR5 visa (legal permanent residents) (the Child Act 2000)?
2- Can she apply for their US Passport at the US embassy where she is now?
3- Does she have to submit for N600K on the basis that here parents (i.e., kids grandparents) are meeting the residency requirements, as they lived there for more than 15 years.
4- If the residency is indeed required, what is the minimum duration, since we heard different periods (ranging from 2 months to two years).
5. It is worth mentioning that they never send her the physical green cards to her US address.
Your help is really appreciated.
