No one knows the answer to my question!

[edward toro 3]

I have talked to several immigration lawyers, I have placed this question a few times in VJ already and still no answer please help me!

I'm petitioning for my wife and our baby who, as of today, is 17 months old. When he was born I was a LPR; however, 6 months latter I become a USC.

I filed both I-130 after I become a USC and we are now waiting for the embassy interview. My question is: will my baby be able to apply for citizenship right after he enters to the U.S? OR Does he have to wait for 3 or even 5 years in order to apply?

I thank you in advance VJ members.

Edited January 17, 2010 by edward toro

[Bobby+Umit 161]

I would think your baby would be an "LPR" - since he was born before you were an USC.

(from what you posted, the baby was not born in the USC).

So - the baby would have to follow the same guidelines as an LPR to become an USC.

[clueless_in_usa 8]

I have talked to several immigration lawyers, I have placed this question a few times in VJ already and still no answer please help me!

I'm petitioning for my wife and our baby who, as of today, is 17 months old. When he was born I was a LPR; however, 6 months latter I become a USC.

I filed both I-130 after I become a USC and we are now waiting for the embassy interview. My question is: will my baby be able to apply for citizenship right after he enters to the U.S? OR Does he have to wait for 3 or even 5 years in order to apply?

I thank you in advance VJ members.

Biological or Adopted Children Residing in the United States

A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):

* At least one parent of the child is a U.S. citizen, whether by birth or naturalization.

* The child is under the age of 18 years.

* The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.

* An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b )(1)(E), (F ) or (G) of the INA. See the “INA” link to the right.

To qualify as a “child” for purposes of this section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101©(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.

A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. See the “Citizenship and Naturalization Based Forms” link to the right. To obtain a U.S. Passport, see the “Apply for a U.S. Passport, Department of State” link to the right.

Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. To read the CCA, see the “Child Citizenship Act” link to the right. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA. If you believe this may apply to you, please see the “Contact Us” link to the right to call our National Customer Service Center.

Therefore, file form N600 after he is in your custody.

Edited January 17, 2010 by clueless_in_usa

[Bobby+Umit 161]

Biological or Adopted Children Residing in the United States

A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):

* At least one parent of the child is a U.S. citizen, whether by birth or naturalization.

* The child is under the age of 18 years.

* The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.

* An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b )(1)(E), (F ) or (G) of the INA. See the “INA” link to the right.

To qualify as a “child” for purposes of this section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101©(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.

A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. See the “Citizenship and Naturalization Based Forms” link to the right. To obtain a U.S. Passport, see the “Apply for a U.S. Passport, Department of State” link to the right.

Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. To read the CCA, see the “Child Citizenship Act” link to the right. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA. If you believe this may apply to you, please see the “Contact Us” link to the right to call our National Customer Service Center.

Therefore, file form N600 after he is in your custody.

Ah - good info here.

Looks like the child can become an USC when he enters the US. (since he meets the criteria above)