Bringing my son to the US

[happyimmigrant 0]

I have a situation that I haven't seen addressed, so after spending an hour or so reading here, I wanted to make sure I understood the procedure correctly.

My ten-year-old (biological) son lives with my (UK national) ex-wife in England. He was born in Canada while I was married to my first wife, and has dual UK-Canada citizenship. He travels to spend summers and holidays here with us in the US, but can't spend a lot more time here than that because he has no status here other than visitor (through his Canadian passport).

I myself was born in Canada, and am now a naturalized citizen living in the US, having married a US Citizen (K-1, done all myself without the help of any sharks lawyers, thanks to the helpful folks here!).

I want to sponsor my son into the US. From what I have gleaned, the following is the process:

- Submit an I-130 for an IR-2 visa

- Once approved, have him travel to the US and enter on the IR-2

- Once he has entered, he is automatically granted citizenship - but in order to prove that (i.e. be issued a passport), he will need a certificate of citizenship, which requires submission of an N-600.

Am I missing anything here? The main questions I have are logistic - are there interviews required at any point? If so, who needs to attend them? Flying back and forth across the Atlantic isn't exactly cheap, so I'd like to try to get an idea of what is required, and in what sort of timeframes, to get an idea of what I need to plan for.

Thanks, all!

[YuAndDan 153]

First 2 things correct file an I-130 for an IR-2 visa.

However the third one automatic citizenship may not happen, I believe child needs to be in the USA on a green-card when parent naturalizes, not after.

More: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a16066e7d9fd4210VgnVCM100000082ca60aRCRD&vgnextchannel=d6fe9a2561204210VgnVCM100000082ca60aRCRD

[Brother Hesekiel 2,236]

After junior gets his GC, he has to reside in the US for at least 5 years--and you know what that implies--before he can file his own N -400. The scenario you envisioned would require you to be a GC holder at the time junior gets his GC and then when you become a USC, he would get a free ride.

That's not the case here.

[happyimmigrant 0]

Just Bob, you didn't read my original message. I already am a USC. And there is no 5-year waiting period for citizenship for children of US Citizens.

For natural-born children living overseas, to qualify for automatic citizenship:

- One parent needs to be U.S. citizen;

- The child must:

- Be visiting the U.S. on a temporary visa or other lawful means of entry;

- Be living in the legal and physical custody of the U.S. citizen parent in their overseas home;

- Be under the age of 18 and in valid visa status until USCIS makes a decision on the citizenship application;

I am not questioning whether he qualifies for an immediate visa (no waiting period or number assigned), or for automatic citizenship - I know he does. What I am interested in is the approximate processing time frame, from anyone else who has gone through this sort of process.

[Anh map 2,098]

According to the USCIS website the N-600 processing is around 5 months.

[Jojo92122 1,924]

Happyimmigrant is almost correct that his son will automatically become a US citizen upon entering on an immigration visa under the Child Citizenship act. There is no waiting period. The child must enter with an immigration visa or be a permanent resident. It cannot be a tempory visa or just legal entry.

In addition, there is no "citizenship application." US citizenship is automatic. The N-600 is not an application for US citizenship. The N-600 is for a certificate of citizenship which is proof of US citizenship. There is no requirement that the child needs to obtain a certificate of citizenship. Obviously, it's better to have one than not if someone is trying to prove US citizenship. The child could just get a US passport as proof of US citizenship.

Just Bob and YuAndDan have it wrong on this one. There is no waiting period for the child to become a US citizen; it's automatic under the law. The child entering AFTER the parent naturalizes is still entitled to US citizenship.

Here's the law;

http://travel.state.gov/visa/immigrants/types/types_1312.html

Child Citizenship Act of 2000

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

1. Have at least one American citizen parent by birth or naturalization;

2. Be under 18 years of age;

3. Live in the legal and physical custody of the American citizen parent; and

4. Be admitted as an immigrant for lawful permanent residence.

In addition, if the child is adopted, the adoption must be full and final.

Edited February 14, 2011 by Jojo92122