Petition for Daughter

[bila 0]

Does anyone know what I need to do to bring my daughter. I am not with her mother and we never married. Can someone direct me to procedures and steps i need to follow to bring her to the US? Thx

[jkelly07 120]

what is your status,LPR-or- us citizen,how old is your daughter, need more information.

[aleful 1,905]

Does anyone know what I need to do to bring my daughter. I am not with her mother and we never married. Can someone direct me to procedures and steps i need to follow to bring her to the US? Thx

ditto,

you need to explain more your case. is she married or unmarried, under 21 or older than 21? are you a LPR or USC? what country is she from? Are you on her birth certificate?

[Mononoke28 135]

Does anyone know what I need to do to bring my daughter. I am not with her mother and we never married. Can someone direct me to procedures and steps i need to follow to bring her to the US? Thx

You can start by reading the instructions for form I-130 found on the USCIS website. It'll tell you who you can file for depending on your status, on your daughter's age and status. The instructions will also let you know what documents you need to send to the USCIS along with the form.

Diana

[bila 0]

I am a US citizen. My daughter is 16years old high school student and not married.

[Gigli2008 70]

I am a US citizen. My daughter is 16years old high school student and not married.

If you are not in her original birth certificate you might be asked to do DNA test. Even if you are in her birth certificate, you might still be required to take a DNA test. That is just my guess. Otherwise, you need to apply for IR-2 (I-130) as soon as possible, if you want her to be issued her Citizenship upon arrival at Port of Entry. If she arrives at 18years+, she will get a green card and apply for her own citizenship after holding it for 5 years. I am in the same boat, only I am the USC mother of a 16 year old son.

[aaron2020 11,651]

I am a US citizen. My daughter is 16years old high school student and not married.

Follow the "Guides." The button is at the top of this page.

[Deputy Purple 1,294]

apply for IR-2 (I-130) as soon as possible, if you want her to be issued her Citizenship upon arrival at Port of Entry.

Just to clarify, she would not "Be issued her Citizenship upon arrival".

She would be issued a Greencard.

Since she would now be in the US as a LPR with a US Citizen Parent she would have claim to US Citizenship. This can be accomplished by simply applying for her US Passport or you can spend a few hundred dollars and file N-600 for her.

[Gigli2008 70]

Just to clarify, she would not "Be issued her Citizenship upon arrival".

She would be issued a Greencard.

Since she would now be in the US as a LPR with a US Citizen Parent she would have claim to US Citizenship. This can be accomplished by simply applying for her US Passport or you can spend a few hundred dollars and file N-600 for her.

My understanding is that if one is admitted as child of a USC and has not yet reached their 18th birthday (they are still a child/minor) and therefore are a USC by default. Upon arrival at POE they can be declared a USC, but if admitted at POE after the 18th birthday then they can apply for their own naturalization. Either way both the under 18 and over 18 get greencards, but the under 18 can claim citizenship upon entry and even apply for a US passport.

I've read it right here on VJ countless times.

Edited February 24, 2012 by Gigli2008

[Deputy Purple 1,294]

apply for IR-2 (I-130) as soon as possible, if you want her to be issued her Citizenship upon arrival at Port of Entry.

Just to clarify, she would not "Be issued her Citizenship upon arrival".

She would be issued a Greencard.

Since she would now be in the US as a LPR with a US Citizen Parent she would have claim to US Citizenship. This can be accomplished by simply applying for her US Passport or you can spend a few hundred dollars and file N-600 for her.

My understanding is that if one is admitted as child of a USC and has not yet reached their 18th birthday (they are still a child/minor) and therefore are a USC by default. Upon arrival at POE they can be declared a USC, but if admitted at POE after the 18th birthday then they can apply for their own naturalization. Either way both the under 18 and over 18 get greencards, but the under 18 can claim citizenship upon entry and even apply for a US passport.

Read the difference between your first statement and last one. "Having a claim to US Citizenship" is not the same as "Being issued Citizenship".

Your first statement was somewhat correct and the last one was correct.

It's like having a winning lottery ticket, nobody finds you and hands the money over, you have to go and claim your prize otherwise the ticket eventually becomes worthless (or lost)...

[Gigli2008 70]

Read the difference between your first statement and last one. "Having a claim to US Citizenship" is not the same as "Being issued Citizenship".

Your first statement was somewhat correct and the last one was correct.

It's like having a winning lottery ticket, nobody finds you and hands the money over, you have to go and claim your prize otherwise the ticket eventually becomes worthless (or lost)...

LOL. I agree with you on both counts. My main point is they are eligible for citizenship by being petitioned by a USC and arriving before their 18th birthday.

Thanks,

[Deputy Purple 1,294]

LOL. I agree with you on both counts. My main point is they are eligible for citizenship by being petitioned by a USC and arriving before their 18th birthday.

Ops, you slipped again.

The requirement isn't being petitioned by a USC and arriving before their 18th birthday.

It's being in the US as a legal immigrant (Greencard holder) AND having a US Citizen Parent (either biological or adopted but not step-parent) prior to their 18th birthday.

For example I petitioned both of my wife's biological sons (ages 4 & 7) as their USC step-father. They are currently in the US but have no claim to USC because their Mom is still a LPR and I'm only the step-father. Mom will apply for Naturalization before the year is out and we will file for me to adopt them both. Regardless of which process is complete first, either one will give the boys a valid claim to USC.

[Gigli2008 70]

Ops, you slipped again.

The requirement isn't being petitioned by a USC and arriving before their 18th birthday.

It's being in the US as a legal immigrant (Greencard holder) AND having a US Citizen Parent (either biological or adopted but not step-parent) prior to their 18th birthday.

For example I petitioned both of my wife's biological sons (ages 4 & 7) as their USC step-father. They are currently in the US but have no claim to USC because their Mom is still a LPR and I'm only the step-father. Mom will apply for Naturalization before the year is out and we will file for me to adopt them both. Regardless of which process is complete first, either one will give the boys a valid claim to USC.

The difference is that you, the step-father is the USC. The OP and myself are USCs filing for our own natural born children, who are still minor children. Big difference. I am pretty sure that if my IR-1 petition is approved for my natural born son and he gets into the US before his 18th birthday, he is a USC eligible holding an LPR card and we can go and apply for his N-600 immediately after (still before he is 18)because at that point he is a USC through me. He can choose to stay with his LPR card and apply for his own Citizenship after holding is for 5 years, or if there is still time left before his 18th birthday, I can apply for his citizenship. I already confirmed this from the US Embassy.

Edited February 27, 2012 by Gigli2008

[Deputy Purple 1,294]

LOL. I agree with you on both counts. My main point is they are eligible for citizenship by being petitioned by a USC and arriving before their 18th birthday.

Thanks,

Ops, you slipped again.

The requirement isn't being petitioned by a USC and arriving before their 18th birthday.

It's being in the US as a legal immigrant (Greencard holder) AND having a US Citizen Parent (either biological or adopted but not step-parent) prior to their 18th birthday.

For example I petitioned both of my wife's biological sons (ages 4 & 7) as their USC step-father. They are currently in the US but have no claim to USC because their Mom is still a LPR and I'm only the step-father. Mom will apply for Naturalization before the year is out and we will file for me to adopt them both. Regardless of which process is complete first, either one will give the boys a valid claim to USC.

The difference is that you, the step-father is the USC. The OP and myself are USCs filing for our own natural born children, who are still minor children. Big difference. I am pretty sure that if my IR-1 petition is approved for my natural born son and he gets into the US before his 18th birthday, he is a USC eligible holding an LPR card and we can go and apply for his N-600 immediately after (still before he is 18)because at that point he is a USC through me. He can choose to stay with his LPR card and apply for his own Citizenship after holding is for 5 years, or if there is still time left before his 18th birthday, I can apply for his citizenship. I already confirmed this from the US Embassy.

Sorry, you're still confusing issues:

Your statement was "they are eligible for citizenship by being petitioned by a USC and arriving before their 18th birthday."

My Statement was "It's being in the US as a legal immigrant (Greencard holder) AND having a US Citizen Parent (either biological or adopted but not step-parent) prior to their 18th birthday."

For example, an LPR petitions and brings their minor child to the US and then they Naturalize prior to the child's 18th birthday.

Also, my stepsons were both petitioned by a USC and arrived well before their 18th birthdays but will have no claim to US Citizenship until either my adoption is complete or my wife naturalizes.

The status of the petitioner is irrelevant as long as the child enters on a valid Immigrant Visa before their 18th birthday AND have a US Citizen Parent (either biological or adopted).

Your statement moves the USC requirement to the petitioner when it is in fact required that the child have one USC Parent (which your statement misses).

This is a very important distinction.

[Gigli2008 70]

Sorry, you're still confusing issues:

Your statement was "they are eligible for citizenship by being petitioned by a USC and arriving before their 18th birthday."

My Statement was "It's being in the US as a legal immigrant (Greencard holder) AND having a US Citizen Parent (either biological or adopted but not step-parent) prior to their 18th birthday."

For example, an LPR petitions and brings their minor child to the US and then they Naturalize prior to the child's 18th birthday.

Also, my stepsons were both petitioned by a USC and arrived well before their 18th birthdays but will have no claim to US Citizenship until either my adoption is complete or my wife naturalizes.

The status of the petitioner is irrelevant as long as the child enters on a valid Immigrant Visa before their 18th birthday AND have a US Citizen Parent (either biological or adopted).

Your statement moves the USC requirement to the petitioner when it is in fact required that the child have one USC Parent (which your statement misses).

This is a very important distinction.

We are both saying the same thing in different ways. Bottom line, my son has one USC parent (aka. myself). Therefore he will arrive with a valid visa and will apply for citizenship upon arrival, if he has not yet reached 18 years. YES?

Your situation and mine are different in that at this time, your step sons do not have a USC parent (unless you adopted them) or until your wife naturalizes. My son has one USC parent. Me.