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Posted

Hello again fellow members,

Hi to all..miss being a part of this wonderful group of people who's goal is to help each other.I been working full time now so am kinda busy.

I heared from a friend based on what she did . She told me that I can apply for my US citizenship even if am only been here for 25 months .She said that as long as you have a US citizen child I am eligible to apply now for citizenship.

Is this really true or is this possible for me to do apply for citizenship? since my son(born to our marriage) is a US citizen?

I came here on a K1 visa and we have a US ctizen child born to our marriage(my petitioner & husband).

I would appreciate if you can answer my questions or can give me a link about this topic. have a good day everyone.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

NO having the US citizen child does not give you the option of filing for citizenship until you have either been a GC holder for 3 years ( minus 90 days ) and still married with the sme USC or you have been a resident for 5 years.

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Posted
NO having the US citizen child does not give you the option of filing for citizenship until you have either been a GC holder for 3 years ( minus 90 days ) and still married with the sme USC or you have been a resident for 5 years.

Thank you NArocks..yes that is what i know of and friend of mine told me she applied for her citizenship ,i think the difference is she came here as immigrant already..am i right?

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

As far as your friend there may be information we re not getting, SO I can not say yes or no.

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Posted
NO having the US citizen child does not give you the option of filing for citizenship until you have either been a GC holder for 3 years ( minus 90 days ) and still married with the sme USC or you have been a resident for 5 years.

Thank you NArocks..yes that is what i know of and friend of mine told me she applied for her citizenship ,i think the difference is she came here as immigrant already..am i right?

I hope you are not confusing the "aplication to remove conditions" with "citizenship application"? I see you say you came on a K1, you are reguired to remove conditions two yrs minus 90 days from the date your temporary/conditional greencard was issued, and apply for citizenship 3 years minus 90 days of your greencard approval.

09/20/2009 (Day 01): N-400 Mailed to Lewisville, TX (Express Mail with Delivery Confirmation)

09/22/2009 (Day 03): N-400 Delivered @ Lewisville, TX @ 9:30am

09/24/2009 (Day 05): Check Cleared

09/28/2009 (Day 08): NOA Received (Priority Date: 09/24/2009)

10/30/2009 (Day 40): (FP Notice Received (scheduled for 11/17/2009)

10/30/2009 (Day 40): (FP done via walk-in on 10/30/2009)

11-07-2009 (Day 48): Touched online for "testing & interview"

11/09/2009 (Day 50): Interview Letter Received

12/10/2009 (Day 81): Interview Date @ 12:30pm (re-scheduled for Dec 21 @ 12:30pm)

02/03/2010 (Day 137): Oath

Posted
NO having the US citizen child does not give you the option of filing for citizenship until you have either been a GC holder for 3 years ( minus 90 days ) and still married with the sme USC or you have been a resident for 5 years.

Thank you NArocks..yes that is what i know of and friend of mine told me she applied for her citizenship ,i think the difference is she came here as immigrant already..am i right?

I hope you are not confusing the "aplication to remove conditions" with "citizenship application"? I see you say you came on a K1, you are reguired to remove conditions two yrs minus 90 days from the date your temporary/conditional greencard was issued, and apply for citizenship 3 years minus 90 days of your greencard approval.

Thank you..am not confused at all..just asked about this issue coz my friend told me it is possible which i myself believe it is not.

I just had my biometrics this morning for my removal of condition.Thanks for all ur replies.

Posted

There's a politically charged issue that's discussed on some talk radio shows and blogs, using the phrase "anchor baby".

http://en.wikipedia.org/wiki/Anchor_baby

There's a little bit of truth in the debate, but there is a lot of false information, misrepresentations, misunderstandings, and distortions of the facts to suit people's political agendas.

It's true that, if a baby is born in the US, that baby is a US Citizen, because the 14th Amendment to the US Constitution says so.

Whether that US Citizen baby can eventually get US citizenship for the parent is much less certain. The only straightforward way for that to happen is for the baby to wait until his/her 21st birthday, and then the baby can file a petition for the parent, which eventually may result in a green card, but only if the parent meets the ordinary admissibility criteria (and if the parent was illegally present, there may be a 3 year or 10 year bar on admissibility, but it could have expired before the child's 21st birthday). Five years after getting the green card, the parent would probably be eligible to apply for citizenship, like any other green card holder. So that route to citizenship would take 26 years plus processing delays.

There may be some other circumstances where the presence of a US Citizen child might help a parent be eligible for "cancellation of removal", due to "extreme and unusual hardship" to the US Citizen child if the parent were deported. This won't work automatically, and there are limited circumstances under which it might work. If it did work, it would merely result in the parent getting a green card, not citizenship. After holding the green card for five years, the green card holder would ordinarily be eligible to apply for citizenship.

In your case, if you already have a conditional green card, you are already far along on the path toward citizenship. Your baby won't speed the journey to becoming a citizen. The baby will be good evidence for the removal of conditions process, however.

Congratulations on the baby.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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