Child Status once I become US Citizen

[fawaz2011 0]

Hi Everyone,

I am in the citizenship process.

Once I become US Citizen, whether my 1 year old son is eligible for US Citizenship? He was born and living in India. He has never been to US.

If he is eligible, what’s the form I need to submit to USCIS/US Embassy? What’s the procedure to bring him to US?

Thanks.

[kanda 0]

Hi Fawaz,

My understanding is that your son will not become a US citizen just because you become a US citizen. If you were a citizen at the time of his birth, the situation might be different.

As a citizen, you would be able to file a petition to have him enter the US. This is done through the form I-130.

[Jojo92122 1,924]

Hi Everyone,

I am in the citizenship process.

Once I become US Citizen, whether my 1 year old son is eligible for US Citizenship? He was born and living in India. He has never been to US.

If he is eligible, what’s the form I need to submit to USCIS/US Embassy? What’s the procedure to bring him to US?

Thanks.

Your child will not be a US citizen when you become one because he is not a legal permanent resident. He needs to be admitted to the US as a legal permanent resident in order for him to qualify to become a US citizen. You need to review the Child Citizenship Act. Your child must meet all four requirements. It doesn't matter if he immigrates to the US before or after you become a US citizen. Any moment that all four requirements are met, he is a US citizen. http://travel.state.gov/visa/immigrants/types/types_1312.html

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 April 8, 2011 by Jojo92122

[Jojo92122 1,924]

This is what you need to do to gain US citizenship for your child.

1. Obtain your US citizenship - you said you are in the process.

2. After you become a US citizen, file Form I-130 to petition for your child as an Immediate Relative. The immigration process will take 6-12 months.

3. File Form I-864w. Form I-864w is an exemption from filing the I-864, Affidavit of Support. It doesn't matter what your income is. You will not need a joint sponsor. Your child will be a US citizen when he enters the US as an immigrant, so the I-864 is not necessary.

4. File Form DS-230 for an immigration visa.

5. Interview at the US Embassy/Consulate.

6. Enter US as an immigrant ==> automatic US citizenship

7. File Form N-600 to obtain a certificate of US citizenship for your child. This is his proof of US citizenship. In addition, his US citizenship will be formally recognized by the US government.

Edited April 8, 2011 by Jojo92122

[mex 0]

Hi Everyone,

I am in the citizenship process.

Once I become US Citizen, whether my 1 year old son is eligible for US Citizenship? He was born and living in India. He has never been to US.

If he is eligible, what’s the form I need to submit to USCIS/US Embassy? What’s the procedure to bring him to US?

Thanks.

No he will not be a US citizen through by you.. Unless he was born by his mother as a permanent resident/ according to US law child act.. under 2yr old..accompanied by LPR parents upon their first return to the United states.. parent should Issued 1-181 for his/her baby upon his/her first entry as a LPR..

[Jojo92122 1,924]

No he will not be a US citizen through by you.. Unless he was born by his mother as a permanent resident/ according to US law child act.. under 2yr old..accompanied by LPR parents upon their first return to the United states.. parent should Issued 1-181 for his/her baby upon his/her first entry as a LPR..

What??? Where are you getting this information from????

The only exemption from an immigration visa if the child was born after the immigration visa is issued to the parent and before the parent immigrates to the US.

The OP has already immigrated to the US. She is about to become a US citizen. What you vaguely allude to will not work.

---------------------

http://www.murthy.com/news/n_cbpgui.html

Processing Initial Entry of a Child of LPR

©MurthyDotCom

If a child is making his/her first entry into the United States as a lawful permanent resident (LPR), the CBP officer must complete a Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence, for the child. A child is permitted into the U.S. without an immigrant visa as a new immigrant in certain, limited situations. This visa exemption arises if the child is born to an accompanying parent after issuance of an immigrant visa to the parent but before the parent's initial admission to the U.S. (Essentially, the child is born abroad after the parent/s obtain their immigrant visas in their passports, but before they come into the U.S. as immigrants.) The visa exemption also exists for children born abroad if they are under 2 years old and were born during a lawful permanent resident mother's temporary absence from the U.S. In order to qualify for this benefit, the child must be accompanied by the parent upon the first return of the parent to the U.S. following the birth of the child. The parent must be able to establish evidence of the parentage of the child and the parent's own evidence of being an LPR. The child will get a temporary I-551 stamp in the passport upon entry to the U.S. The CBP officer should also take a copy of the birth certificate to submit with the Form I-89 and Form I-181 to request the creation of the physical "green card" for the child.

©MurthyDotCom

Edited April 8, 2011 by Jojo92122

[fawaz2011 0]

What??? Where are you getting this information from????

The only exemption from an immigration visa if the child was born after the immigration visa is issued to the parent and before the parent immigrates to the US.

The OP has already immigrated to the US. She is about to become a US citizen. What you vaguely allude to will not work.

---------------------

http://www.murthy.com/news/n_cbpgui.html

Processing Initial Entry of a Child of LPR

©MurthyDotCom

If a child is making his/her first entry into the United States as a lawful permanent resident (LPR), the CBP officer must complete a Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence, for the child. A child is permitted into the U.S. without an immigrant visa as a new immigrant in certain, limited situations. This visa exemption arises if the child is born to an accompanying parent after issuance of an immigrant visa to the parent but before the parent's initial admission to the U.S. (Essentially, the child is born abroad after the parent/s obtain their immigrant visas in their passports, but before they come into the U.S. as immigrants.) The visa exemption also exists for children born abroad if they are under 2 years old and were born during a lawful permanent resident mother's temporary absence from the U.S. In order to qualify for this benefit, the child must be accompanied by the parent upon the first return of the parent to the U.S. following the birth of the child. The parent must be able to establish evidence of the parentage of the child and the parent's own evidence of being an LPR. The child will get a temporary I-551 stamp in the passport upon entry to the U.S. The CBP officer should also take a copy of the birth certificate to submit with the Form I-89 and Form I-181 to request the creation of the physical "green card" for the child.

©MurthyDotCom

Thank you so much Jojo92122 and others for the input. I have one more question.

after I become USC I might make a trip to India and want him to be with me in US soon as possible . Is there anyway I can bring him to US through any kind of visa,then do his paperwork after wards. My top priority is not to get US citizenship to him, but to bring him to US soon. If I filed I-130, it takes almost 1 year to get him here.

Please Advice me.

Thanks in Advance.

Edited April 8, 2011 by fawaz2011

[NickD 202]

Hi Everyone,

I am in the citizenship process.

Once I become US Citizen, whether my 1 year old son is eligible for US Citizenship? He was born and living in India. He has never been to US.

If he is eligible, what's the form I need to submit to USCIS/US Embassy? What's the procedure to bring him to US?

Thanks.

I don't how anyone can give you intelligent advice on this subject as you say nothing about yourself, how you came here, whether you have a sponsoring US citizen spouse, who is the other parent of this child, how long have you been here, are you a LPR, how can you be here when your child was born in India, etc. All this stuff makes a huge difference.

[Szilvia74 3]

If I look at the 4 requirements that someone mentioned above my first response is that this one is not met: "Live in the legal and physical custody of the American citizen parent" as he lives in India, not with you in the US....