US citizen's son over 21

[RedKnight 0]

Hi all,

My wife is a US citizen now living in the US, and her son, who is currently 23 yrs old and born in the UK, would like to immigrate from the UK.

My wife didn't know about registering his birth at the embassy before he was 18.

He is not able to get a US passport because my wife does not meet the US residency requirements.

I have read about the child citizenship act - if his grandfather can meet the residency requirements, will this help ?

Unless he is able to get the US passport, we will have to petition to get him a US visa using I-130, but there is an 18 month wait. He is not able to get an immediate visa because he is over 21.

Would he be able to live and work in the US at all while he waits for the visa ?

Any answers greatly appreciated.

[Kez/JWolf 6]

Hi all,

My wife is a US citizen now living in the US, and her son, who is currently 23 yrs old and born in the UK, would like to immigrate from the UK.

My wife didn't know about registering his birth at the embassy before he was 18.

He is not able to get a US passport because my wife does not meet the US residency requirements.

I have read about the child citizenship act - if his grandfather can meet the residency requirements, will this help ?

Unless he is able to get the US passport, we will have to petition to get him a US visa using I-130, but there is an 18 month wait. He is not able to get an immediate visa because he is over 21.

Would he be able to live and work in the US at all while he waits for the visa ?

Any answers greatly appreciated.

Sorry cant help with the US Passport thing but I just wanted to let you know that if she files a I-130 for her "Over 21 Child of a USC" the wait time for a Visa to become available is about 6 years not 18 month.

[angel_eyes1976 0]

Hi all,

My wife is a US citizen now living in the US, and her son, who is currently 23 yrs old and born in the UK, would like to immigrate from the UK.

My wife didn't know about registering his birth at the embassy before he was 18.

He is not able to get a US passport because my wife does not meet the US residency requirements.

I have read about the child citizenship act - if his grandfather can meet the residency requirements, will this help ?

Unless he is able to get the US passport, we will have to petition to get him a US visa using I-130, but there is an 18 month wait. He is not able to get an immediate visa because he is over 21.

Would he be able to live and work in the US at all while he waits for the visa ?

Any answers greatly appreciated.

your wife doesn't need to register his birth at the embassy... she would only do this if she was already a US citizen when she gave birth in the UK... from what i presume your wife just recently became a US citizen...

if she became a US citizen when her son was under 18years old, she would still file I-130 for her son so he can get a permanent resident card... and when he arrives in the US, he can obtain US passport and claim citizenship...

since he is over 21, wait time for a visa takes years.... i suggest you talk to a lawyer if something can be done about it...the way i see it, filing an I-130 is the only way...

others can correct me if i'm wrong...

[trailmix 77]

Hi all,

My wife is a US citizen now living in the US, and her son, who is currently 23 yrs old and born in the UK, would like to immigrate from the UK.

My wife didn't know about registering his birth at the embassy before he was 18.

He is not able to get a US passport because my wife does not meet the US residency requirements.

I have read about the child citizenship act - if his grandfather can meet the residency requirements, will this help ?

Unless he is able to get the US passport, we will have to petition to get him a US visa using I-130, but there is an 18 month wait. He is not able to get an immediate visa because he is over 21.

Would he be able to live and work in the US at all while he waits for the visa ?

Any answers greatly appreciated.

your wife doesn't need to register his birth at the embassy... she would only do this if she was already a US citizen when she gave birth in the UK... from what i presume your wife just recently became a US citizen...

if she became a US citizen when her son was under 18years old, she would still file I-130 for her son so he can get a permanent resident card... and when he arrives in the US, he can obtain US passport and claim citizenship...

since he is over 21, wait time for a visa takes years.... i suggest you talk to a lawyer if something can be done about it...the way i see it, filing an I-130 is the only way...

others can correct me if i'm wrong...

Just wondering why you would assume that she only recently became a U.S. citizen? Many people who are born elsewhere, but are U.S. citizens, come to find this out later or, as in this case, never get around to or never realize they have to register the birth of their children - if in fact it is even that easy, some are not eligible to do this - all depends on the date the child was born and the laws in effect at that time.

[aaron2020 11,651]

Son may be entitled to US citizenship. I presume that since granddad is a US citizen that mom was born a us citizen. OP correct me if I am wrong. If that is the case then the following information will apply. This information came from the website maintained by the US Embassy in London.

"Transmission Requirements for U.S. Citizenship

Children born abroad to U.S. citizen parents may have a claim to U.S. citizenship. The following is a brief description of the various circumstances under which a child born abroad acquires American citizenship.

Child born in wedlock to two U.S. citizens: A child born outside of the United States or its outlying possessions to two U.S. citizen parents is entitled to citizenship, provided one of the parents had, prior to the birth of the child, been resident in the United States or one of its outlying possessions. (No specific period of time is required.)

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent between December 24, 1952 and November 13, 1986: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship providing the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen.

Child born out of wedlock to a U.S. Citizen mother: A child born outside of the United States and out of wedlock to a U.S. Citizen mother is entitled to U.S. citizenship providing the U.S. Citizen mother had been physically present in the United States for a continuous period of at least one year at some time prior to the birth of her child. (NOTE: The U.S. citizen mother must have lived continuously for 1 year IN THE UNITED STATES OR ITS OUTLYING POSSESSIONS. Periods spent overseas with the U.S. government/military or as a government/military dependent, may NOT be computed as physical presence in the U.S.).

Child born out of wedlock to a U.S. Citizen father: A child born outside of the United States to an U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship providing the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. Citizen and one non-U.S. Citizen parent, either before or after November 14, 1986; and

* the alien mother completes an "Affidavit to establish paternity of child" at this office before a consular officer; and

* the father signs a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and

* the father provides a written statement acknowledging paternity; or

* the child is legitimated under local law (in England and Wales legitimization can only take place as of when the parents marry, provided the father is domiciled in England and Wales); or

* paternity is established by a competent court before the child attains the age of 18 years;

I believe that my child has claim to U.S. Citizenship. What next?

If you believe that your child has a claim to U.S. Citizenship, it will be necessary for the U.S. citizen parent to appear in person at this office in order to execute an application for a "Consular Report of Birth Abroad" before a consular officer. At that time, a passport application may also be executed. Read more…

What if I do not meet the requirements for transmission of citizenship to my child?

It may be possible for your child to apply for expeditious naturalization or an immigrant visa. Read more…

I am over the age of 18 and I believe I have a claim to U.S. citizenship. What next?

Please follow this link for further instructions."

[aaron2020 11,651]

From website maintained by US Embassy in Vienna.

CLAIM TO U.S. CITIZENSHIP

CHILD BORN ABROAD TO TWO U.S. CITIZENS

A child born outside of the United States or its outlying possessions to parents, both of whom are citizens of the United States, is entitled to citizenship provided one of the parents had, prior to the birth of the child, been resident in the United States or one of its outlying possessions. (No specific period of time is required.)

CHILD BORN ABROAD TO ONE U.S. CITIZEN PARENT AND ONE NON U.S. CITIZEN ON OR AFTER NOVEMBER 14, 1986

A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence* must have taken place prior to the birth of the child.

CHILD BORN ABROAD TO ONE U.S. CITIZEN PARENT AND ONE NON-U.S. CITIZEN PARENT BETWEEN DECEMBER 24, 1952 AND NOVEMBER 13, 1986

A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent, may be entitled to citizenship providing the U.S. citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen.

CHILD BORN OUT OF WEDLOCK TO A U.S. CITIZEN MOTHER

A child born outside of the United States and out of wedlock to a U.S. citizen mother is entitled to U.S. citizenship providing the U.S. citizen mother had been physically present in the United States for a continuous period of at least one year at some time prior to the birth of her child.

CHILD BORN OUT OF WEDLOCK TO A U.S. CITIZEN FATHER

A child born outside of the United States to an U.S. citizen father where there is no marriage to the non-American mother is entitled to U.S. citizenship providing the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. citizen and one non-U.S. citizen parent, either before or after November 14, 1986; and the following is fulfilled:

* The father must sign a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and

* One of the following conditions is met:

o the father provides a written statement acknowledging paternity; or

o the child is legitimated under local law; or

o paternity is established by a competent court before the child attains the age of 18 years; and

* The alien mother must complete an "Affidavit to establish paternity of child" before a consular officer.

*PHYSICAL PRESENCE

This is the actual time when the parent was physically present in the United States, not simply as a resident. This means that any travel outside the United States, including vacation, should be excluded. Please submit old passports if available, as evidence. If unavailable, other evidence may be required.

Note: Any periods of time spent overseas with the United States Military/Government etc. may be computed as physical presence in the United States for transmission of citizenship purposes. Time spent as a dependent of a United States Military/Government employee may also be computed as physical presence. Military records may be requested.

IF PARENT DOES NOT MEET REQUIREMENTS FOR TRANSMISSION OF CITIZENSHIP TO THE CHILD

If the child is not entitled to U.S. Citizenship and wishes to take up residence in the United States, he/she must obtain an immigrant visa unless he/she can qualify for naturalization as described in the paragraph below.

HOW TO QUALIFY FOR CITIZENSHIP THROUGH THE GRANDPARENTS

Whether or not the child intends to reside in the United States, an alternative procedure now exists for becoming a U.S. citizen. If the child is under eighteen years of age and has a U.S. citizen grandparent who meets the physical presence requirements as specified above, the child may qualify for expeditious naturalization under the Immigration and Nationality Technical Corrections Act of 1994. Although not entitled to U.S. citizenship at birth, the child can through this procedure, become a U.S. citizen by naturalization without first having to take up residence in the United States. It is, however, necessary for the child to travel to the United States for the naturalization, and all applications and documentation must be submitted and approved beforehand.

[aaron2020 11,651]

Do You Have A Claim To U.S. Citizenship ?

You may have a claim to citizenship if:

* You were born in the United States; or

* You were born outside the United States or one of its outlying possessions to U.S. citizen parent(s) and your U.S. citizen parent(s) meets the physical presence requirement.

Individuals who have previously been documented as U.S. citizens

If you have previously been issued any of the following documents, you may immediately begin your application for your first U.S. passport. If you are no longer in possession of any of these documents, you must obtain a certified copy from the issuing authority.

* A U.S. Birth Certificate - for certified copies, please contact the state in which you were born. The National Center for Health Statistics maintains a list of states' contact information for this purpose;

* A Consular Report of Birth Abroad (Form FS-240) - for certified copies, please contact the Passport Services Office at the Department of State;

* A Certification of Birth (Form FS-545 or DS-1350) - for certified copies, please contact the Passport Services Office at the Department of State;

* A U.S. Certificate of Citizenship - for certified copies, please contact the U.S. Citizenship and Immigration Services;

* A U.S. Naturalization Certificate - for certified copies, please contact the U.S. Citizenship and Immigration Services;

* A passport of your U.S. citizen parent(s) in which you are included - for a copy of your parents' passport records, please contact the Passport Services Office at the Department of State.

Once you are in possession of one of the listed documents, please see our instructions for first time passport applicants.

Individuals who have never been documented as U.S. citizens

If you were born outside the United States, have not been previously documented as a U.S. citizen, and are:

* under the age of 18: please see our instructions for obtaining a Consular Report of Birth Abroad.

* over the age of 18: you should review the information concerning transmission requirements to see if your parent(s) had the prerequisite physical presence in the United States required by U.S. citizenship law in effect at that time. If, based on this information, you believe you have a claim to U.S. citizenship, you should write to us at the following address, giving as many details of your situation as possible:

Passport & Citizenship Unit

U.S. Embassy

5 Upper Grosvenor Street

London, W1A 2LQ

We will then let you know if there are any grounds for you to pursue your citizenship claim further.

[trailmix 77]

Hi all,

My wife is a US citizen now living in the US, and her son, who is currently 23 yrs old and born in the UK, would like to immigrate from the UK.

My wife didn't know about registering his birth at the embassy before he was 18.

He is not able to get a US passport because my wife does not meet the US residency requirements.

I have read about the child citizenship act - if his grandfather can meet the residency requirements, will this help ?

Unless he is able to get the US passport, we will have to petition to get him a US visa using I-130, but there is an 18 month wait. He is not able to get an immediate visa because he is over 21.

Would he be able to live and work in the US at all while he waits for the visa ?

Any answers greatly appreciated.

I don't think the grandparent's residency applies at all in this case.

Basically he falls under one of the categories below, based on his age.

No, he can't live or work in the US while he waits for his visa, there is no provision for that.

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent between December 24, 1952 and November 13, 1986: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship providing the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen.

[angel_eyes1976 0]

Hi all,

My wife is a US citizen now living in the US, and her son, who is currently 23 yrs old and born in the UK, would like to immigrate from the UK.

My wife didn't know about registering his birth at the embassy before he was 18.

He is not able to get a US passport because my wife does not meet the US residency requirements.

I have read about the child citizenship act - if his grandfather can meet the residency requirements, will this help ?

Unless he is able to get the US passport, we will have to petition to get him a US visa using I-130, but there is an 18 month wait. He is not able to get an immediate visa because he is over 21.

Would he be able to live and work in the US at all while he waits for the visa ?

Any answers greatly appreciated.

your wife doesn't need to register his birth at the embassy... she would only do this if she was already a US citizen when she gave birth in the UK... from what i presume your wife just recently became a US citizen...

if she became a US citizen when her son was under 18years old, she would still file I-130 for her son so he can get a permanent resident card... and when he arrives in the US, he can obtain US passport and claim citizenship...

since he is over 21, wait time for a visa takes years.... i suggest you talk to a lawyer if something can be done about it...the way i see it, filing an I-130 is the only way...

others can correct me if i'm wrong...

Just wondering why you would assume that she only recently became a U.S. citizen? Many people who are born elsewhere, but are U.S. citizens, come to find this out later or, as in this case, never get around to or never realize they have to register the birth of their children - if in fact it is even that easy, some are not eligible to do this - all depends on the date the child was born and the laws in effect at that time.

there certainly is a difference by the way a sentence is read... i just presumed it from when i was reading his sentence...'My wife is a US citizen now living in the US...' i had read it this way 'My wife is a US citizen now (pause) living in the US....' if I had read it this this way, "My wife is a US citizen (pause) now living in the US...' then it brings a whole different meaning to the sentence...sorry if i didn't read it the right way...

to the OP, sorry if i had assumed right away... my bad...

Edited January 23, 2009 by angel_eyes1976

[RedKnight 0]

Hi all,

thanks for the quick replies and im sorry for the confusion of my grammar ...

My wife was born in the US and so is a US citizen.

Her parents divorced and she moved to the Uk with her English mother - her American father remained in the US.

Her 2 children were born in the UK - her ex-husband was English so both kids have english passports.

When she moved back to the US, the youngest child, then under 18yrs old (born 1988), was able to obtain a US passport because my wife's residency was within the amount specified as below ;

"Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child."

The eldest child was born in 1985, and as such falls into the other category of which my wife's residency isn't enough. He was not able to leave the Uk at the time as he was in the Forces.

"Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent between December 24, 1952 and November 13, 1986: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship providing the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen."

I'd heard that the grandfather's residency could be taken into account, but i guess this is not the case.

I'm now assuming that the I-130 is the way to go - I've already filled that in - i just wanted to check if there was something i was missing.

We live in VA so we'd go through the Vermont visa center and the current date for his category is July 2006, giving a 2.5 yr wait before the visa process really begins.

Please correct me if i have any if this wrong.

Again, thanks for the replies......

[aaron2020 11,651]

Hi all,

thanks for the quick replies and im sorry for the confusion of my grammar ...

My wife was born in the US and so is a US citizen.

Her parents divorced and she moved to the Uk with her English mother - her American father remained in the US.

Her 2 children were born in the UK - her ex-husband was English so both kids have english passports.

When she moved back to the US, the youngest child, then under 18yrs old (born 1988), was able to obtain a US passport because my wife's residency was within the amount specified as below ;

"Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child."

The eldest child was born in 1985, and as such falls into the other category of which my wife's residency isn't enough. He was not able to leave the Uk at the time as he was in the Forces.

"Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent between December 24, 1952 and November 13, 1986: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship providing the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after s/he reached the age of fourteen."

I'd heard that the grandfather's residency could be taken into account, but i guess this is not the case.

I'm now assuming that the I-130 is the way to go - I've already filled that in - i just wanted to check if there was something i was missing.

We live in VA so we'd go through the Vermont visa center and the current date for his category is July 2006, giving a 2.5 yr wait before the visa process really begins.

Please correct me if i have any if this wrong.

Again, thanks for the replies......

RedKnight. Your wife's son is in the F1 family immigration category. The current priority date for that category is July 8, 2002. Priority date means the the day that USCIS received the I-130 from your wife. Currently, the wait is 7 years.

Applying for a visa is a multi-step process. The first is the filing of the I-130 and waiting for approval from USCIS. This can take several years. It is a preliminary assessment that a qualifying relationship exists that allows the petitioner to apply for an immigration visa on behalf of the beneficiary. After approval, the petition is sent to the National Visa Center to await for an available visa. This can take many more years for an F1 beneficiary. Once the priority date is current, there is the consular processing to ensure that issuing an immigration visa to the beneficiary is proper under the law.

Please see the visa bulletin below for when priority dates are current.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

[trailmix 77]

Hi RedKnight,

The wait is actually around 7 years now, perhaps if you post a link to where you are looking at dates that indicate 2 years, we can clear that up for you.

The whole Grandparent's residency, you are not imagining this - I know it is tough when reading a lot of documentation on citizenship - my Sister and I did this a couple of years ago (when we were documenting our own U.S. citizenship). There is so much information that stuff drops by the wayside and you have to keep going back to it to make sure you are not missing anything.

At the moment my Sister and her Husband are going through the same process you and your wife are. She has a child over 21 - who she filed an I-130 for almost 2 years ago and a child under 18 who she filed the I-130 for and who now has U.S. citizenship (just not documented yet as people need a break after doing this stuff for a while).

Anyway, I believe you are referring to this:

Under the Child Citizenship Act, the U.S. citizen parent of a child living abroad must have five years of physical presence in the United States or its outlying possessions with at least two years occurring after age 14, in order to apply for citizenship on behalf of the child. If you cannot meet this requirement, the law allows you to rely on the physical presence of your citizen parent to apply for citizenship. If you are relying on the physical presence of your U.S. citizen parent, you must file the Form N-600/N-643, Supplement A. link

The problem with this information they put out (as above) is that they do not spell out all the other qualifying factors - as you no doubt already know this information is all over the USCIS website and elsewhere and if you just read that one (above) you think - ok, well that will work. So in fact the Grandparent's residency can be used under the CCA - however this act does not apply to your wife's older son.

The child must also fit all the other criteria for that to apply:

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

At least one adoptive parent is a U.S. citizen,

The child is under 18 years of age,

If the child is adopted, a full and final adoption of the child, and

The child is admitted to the United States as an immigrant

Is automatic citizenship provided for those who are 18 years of age or older?

No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents. link

Edited January 24, 2009 by trailmix