HELP VISA NEWBIE

[Jermaine CG 0]

In order for the USC parent to be able to automatically pass on citizenship to his/her children, the USC must have been physically present in the US for at least 5 years, 2 years of which should be after the age of 14. This means that they cannot get US passports, thus they have to undergo the same processing as you.

However, as I understand it, the moment they step on US soil, the children can apply for US citizenship, given that they are under the physical custody of the USC parent. (I'm not very sure about this, though. I would appreciate it if someone can confirm/correct this.)

Pinay ka pala.... :thumbs: :thumbs:

[reginakrys 33]

Now I get it. Thank you for that... I'll keep that one in mind. I guess he needs another year before he gets the children there. But no need to rush. The Grandparents are still in love with our babies but once they hit puberty, I'm sure they will send the kids back to us. LOL :rofl: :rofl:

Hmm, I don't think it works that way. I think I read somewhere that the residency requirements must have been fulfilled before the birth of the baby. I'll try to look it up.

[reginakrys 33]

Here it is.

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 provided the U.S. citizen parent, prior to the birth of the child, 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.

http://manila.usembassy.gov/service/citizenship/derivative-claim-to-citizenship.html

[intx13 5]

So to spell out the citizenship issue:

1. Your husband spent the first 5 years of his life in the US.
   
2. After his 5th birthday but before his 6th birthday, he left the US.
   
3. After his 17th birthday but before his 18th birthday, he returned to the US. This was in 2005.
   
4. In 2005 the older of your children was born.
   
5. In 2006 your husband left the US.
   
6. In June 2011 your husband returned to the US.
   
7. In August or September 2011 your younger child was born.
   

Before your older child's birth, your husband spent 5 years in the US prior to age 14 (#1) and less than a year in the US after age 14 (#3 to #4). Your older child is definitely not a citizen by birth.

Before your younger child's birth, your husband spent 5 years in the US prior to age 14 (#1) and possibly two years in the US after age 14 (#3 to #5 plus #6 to #7). If you can pin down the dates for #3, #5, #6, and #7 you can determine whether or not your younger child is a citizen by birth.

However, both your children are under 21, unmarried, and natural children of your husband so he can apply to get one or both of them (as necessary) permanent residence status along with you.

[intx13 5]

However' date=' as I understand it, the moment they step on US soil, the children can apply for US citizenship, given that they are under the physical custody of the USC parent. (I'm not very sure about this, though. I would appreciate it if someone can confirm/correct this.)[/quote']

The USCIS description and the law (see section 320). The OP's children will automatically become US citizens when they establish residence in the US.

So to summarize: your husband will apply for an IR1/CR1 immigrant visa for you and your children. When you all arrive in the US your children will automatically become naturalized US citizens. If it turns out your younger child is already a citizen by birth, he or she is exempt from all this and just needs a passport. (Infant passports must be adorable!)

As a side note, I don't know anything about citizenship in the Philippines, but I suspect that if your younger child is already a US citizen by birth, he or she is probably a dual citizen. Which (I think) means you want to get both a US passport and a Philippines passport for the younger child, so he or she can travel back to the Philippines at any time. (Two adorable infant passports!)

Someone with more info should probably clarify this. What does "automatic naturalization" mean? What do they do about their green card, send it back? How do they get their naturalization certificate? Do they have to do a naturalization ceremony?

[Darnell 8,478]

it's even 'easier' than naturalization.

The child that came in on a CR-2 visa simply applies for a USA passport IN THE USA once IN the USA.

No, I'm not kidding.

[intx13 5]

it's even 'easier' than naturalization.

The child that came in on a CR-2 visa simply applies for a USA passport IN THE USA once IN the USA.

No, I'm not kidding.

Huh - but the child would be a naturalized citizen, right? But without a certificate stating so? And with a green card and foreign passport? I suppose the green card is invalidated when the US passport is issued, but still, I can think of at least one situation where proof of naturalization is required.

[Deputy Purple 1,294]

Huh - but the child would be a naturalized citizen, right? But without a certificate stating so? And with a green card and foreign passport? I suppose the green card is invalidated when the US passport is issued, but still, I can think of at least one situation where proof of naturalization is required.

No they're not naturalized, it's birthright... The US Passport is proof of Citizenship it trumps proof of Naturalization as the DOS recognizes the holder to be a US Citizen.

[intx13 5]

No they're not naturalized, it's birthright... The US Passport is proof of Citizenship it trumps proof of Naturalization as the DOS recognizes the holder to be a US Citizen.

That's really interesting. So a kid could be a non-US citizen for the first 17 years of his life. At age 12 a kid's parent gets permanent residence by the lottery, moves to the US, and 5 years later becomes naturalized. The now-17-year-old kid comes over on a CR-2 and immediately becomes a citizen.. by birth?!

It's also odd that he or she becomes an unfettered citizen just by establishing residence in the country, but residence must be established through an immigrant visa and the associated checks. I'm not sure on what grounds a CR-2 can be denied, but it seems plausible that a child with a criminal record or association with terrorist organization or similar might not be granted, and so be denied his or her birthright of citizenship. Weird!

[intx13 5]

Anyway, here's the conclusion for the OP.

Your older child is not currently a US citizen. Your younger child might be; check the dates of your husband's travel to find out. Your children will need passports: the older child will need a Philippines passport, the younger will need a Philippines passport and, if he or she turns out to be a US citizen, a US passport too.

Your husband will file an I-130 petition to bring the whole family to the US. When approved, you will be applying for a CR-1 visa and your older child (and, if not a US citizen already, your younger child too) will be applying for a CR-2 visa.

When the visas are granted and you arrive in the US, your older child (and, if not already a US citizen already, your younger child too) will immediately become citizens-by-birth and you can apply for their US passports. You will be a PR.

[reginakrys 33]

Huh - but the child would be a naturalized citizen, right? But without a certificate stating so? And with a green card and foreign passport? I suppose the green card is invalidated when the US passport is issued, but still, I can think of at least one situation where proof of naturalization is required.

You can apply for the certificate if you want to.

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.

I think both the green card and foreign (non-US) passport will be invalidated, unless you apply for dual citizenship.

[Darnell 8,478]

Your husband will file an I-130 petition to bring the whole family to the US

uhmm... not 'an' - implying one.

Should be 'one for each human' to bring the whole family to the US.

Yes, I'm nitpicking.

[intx13 5]

Your husband will file an I-130 petition to bring the whole family to the US

uhmm... not 'an' - implying one.

Should be 'one for each human' to bring the whole family to the US.

Yes, I'm nitpicking.

Nitpicking is good! USCIS would definitely nitpick the OP when they only got one application and the OP would definitely nitpick me for giving bogus information