when child is born in USA

J

john_28

New Member
Hello Gurus,

I am a Indian citizen and H1B Visa Holder.. mines get over 2010( 6years )
If my child is born in US.. How long will i get Green Card by using my child Citizen..

I am planning to file GC by my Employer.. Which one is recommend and get faster to get GC.. By Employer or Child..

If Child then .. what are the procedures do i need to follow to file GC..


Thanks,
John.
 
You mean .. Better file by Employer.. Let us take my case as an example.. I don't file the case till 2010.. my H1B gets over by 2010( 6years ) .. you mean I can't leave further in US if I say I can't leave my child alone in US.. I want to leave with my child.. since he / she is US citizen.


John..
 
john_28 said:
You mean .. Better file by Employer
Click to expand...

Yes.

I don't file the case till 2010.. my H1B gets over by 2010( 6years ) .. you mean I can't leave further in US
Click to expand...

If your LC or I-140 has been pending for over 365 days you can extend past six years. If your PD is not current you can extend for 3 years.

if I say I can't leave my child alone in US.. I want to leave with my child.. since he / she is US citizen.
Click to expand...

A US citizen child gives you no right to live in the US. If you want to live with your child, you can do so abroad - the US will not prevent your child from leaving the US.
 
john_28, one advice I can give you is that you should file the LC as early as possible to lock in your priority date.

xerostomic, its 21.

Just as a comparison, if you file your LC for an EB petition at the same time your child is born, the EB green card will probably arrive about 14-17 years before your child will be old enough to petition for you. I have a co-worker on H-1B who has an 8 year old US citizen child. Guess how he's getting his Green Card ... EB.
 
Last edited by a moderator:
I don't think sponsorship would be that big of a hurdle; maybe at 21 it is, but they can always wait until mid-20s or later to qualify for sponsorship.

In my opinion, the biggest hurdle would be that the parents have no legal basis to stay in the country based on a citizen child; so, unless they plan to live their lives as illegals, it's unlikely they can be here on nonimmigrant visas for 21+ years. So, if they have no other petitioner, at some point a decision will probably be made to go back to their home country and the US citizen child will grow up outside the US. And while the child can enter the US anytime in the future, perhaps as an adult after completing high school in the home country, moving back to the US is certainly not trivial, may involve cultural adjustment and another language ... and who knows if the child even wants to move to the US. So I think a US citizen child is by no means a guarantee for a future life in the US for the parents.
 
austriacus said:
I don't think sponsorship would be that big of a hurdle; maybe at 21 it is, but they can always wait until mid-20s or later to qualify for sponsorship.

In my opinion, the biggest hurdle would be that the parents have no legal basis to stay in the country based on a citizen child; so, unless they plan to live their lives as illegals, it's unlikely they can be here on nonimmigrant visas for 21+ years. So, if they have no other petitioner, at some point a decision will probably be made to go back to their home country and the US citizen child will grow up outside the US. And while the child can enter the US anytime in the future, perhaps as an adult after completing high school in the home country, moving back to the US is certainly not trivial, may involve cultural adjustment and another language ... and who knows if the child even wants to move to the US. So I think a US citizen child is by no means a guarantee for a future life in the US for the parents.
Click to expand...

US Citizens are also REQUIRED a minimum amount of physical presence in the USA before... their 14th birthday? or after it? in order to sponsor someone... I will go google it ;)
 
Praetorian, are you sure about that? I don't see any physical presence requirement in the I-130 instructions at least. I know there's a physical presence requirement e.g. when a child is born abroad to one US citizen parent, the parent needs a minimum presence in the US after their 14th birthday for the foreign born child to derive US citizenship from their parent.

I'm sure it'll be in the Anchored Citizen Birth Prevention Act to be sponsored by a certain future senator with Venezuelan heritage. ;)

What I can find though that's important along the lines you mentioned is that the petitioner needs to be domiciled in the United States in order to be able to file the I-864. :cool:
 
Austriacus, you are right... I had that mixed up... :eek: As far as a Venezuelan congressman... who knows... if we may have a woman president... why not? :p
 
Triple Citizen said:
You can leave the US with your child. No one will stop you. You just cannot live in the US solely on the fact that you have a US born child.
Click to expand...

This situation could have some potential complications. There are two parents involved here. If you are married (or not) you will most likely be required to have a letter from the child's other parent stating the intent of your travel with that child. If you are moving permanently - you need to have a letter from your spouse stating so. Even for a visit, you must have a letter.

Of course, if you are still married and your spouse is coming with you everywhere you plan to go there won't be an issue.
 
Last edited by a moderator:
You must log in or register to reply here.
Top