naturalization for LPR minor child *only* and without her parents

[poolemit 25]

Hi all! a somewhat tricky situation:

My sister was selected for DV-2013, however, for various reasons, she and her husband are unable to permanently move to the USA at this time.

We want to do everything possible so that her two children (6 years old) become naturalized citizens at some point in time and thanks the LPR status gained from the DV.

What are the options here? Is it possible that the children stay with me for 30 months within a 5 year period (6 months per year) and without their parents (I'm in the US) in order to fulfil the continuous residency requirement? As I understand it, people under age 18 cannot apply for naturalization without their parents. In this case, if they fulful the residency requirement when they are 12, could they apply for naturalization upon turning 18? They would live in their home country from age 12-18.

Again, their parents would be unable to stay in the US for any length of time..

Any other options we could look at?

many thanks!

Edited May 2, 2012 by poolemit

[theunknown 5]

Hi all! a somewhat tricky situation:

My sister was selected for DV-2013, however, for various reasons, she and her husband are unable to permanently move to the USA at this time.

We want to do everything possible so that her two children (6 years old) become naturalized citizens at some point in time and thanks the LPR status gained from the DV.

What are the options here? Is it possible that the children stay with me for 30 months within a 5 year period (6 months per year) and without their parents (I'm in the US) in order to fulfil the continuous residency requirement? As I understand it, people under age 18 cannot apply for naturalization without their parents. In this case, if they fulful the residency requirement when they are 12, could they apply for naturalization upon turning 18? They would live in their home country from age 12-18.

Again, their parents would be unable to stay in the US for any length of time..

Any other options we could look at?

many thanks!

If i know right they should all the family get the visa together and enter the U.S together at the first time then the parents can go back and they leave the kids there but if they can wait till they get the green that would be better

[poolemit 25]

If i know right they should all the family get the visa together and enter the U.S together at the first time then the parents can go back and they leave the kids there but if they can wait till they get the green that would be better

Yes, they will of course come together to get their green cards at which point the parents have to go back. I'm mostly interested in whether this could actually work. As in, would a naturalization application be approved for the children when they turn 18 in this case?

Any other workarounds?

[Udella&Wiz 325]

Yes, they will of course come together to get their green cards at which point the parents have to go back. I'm mostly interested in whether this could actually work. As in, would a naturalization application be approved for the children when they turn 18 in this case?

Any other workarounds?

You're essentially asking how to do the bare minimum so they can remain GC holders and thus be eligible for citizenship? I think there are several questions here.

1) are the children even allowed to remain in the US after their parents leave considering they came with their parents on a VISA?

2) you are proposing they will live with you 6 months out of every year....will they meet the requirements of being a perm resident bewteen 12 and 18? Probably not since they are spending at least half of every year outside the US. They would possibly have to apply for re entry permits each time they come back. Even if they don't, their pattern of being here 6 months and then 6 months away would be a red flag to the border patrol/ USCIS.

It seems a little like the family is trying to take advantage of the situation. I'm not judging but that's what it looks like,

[LIFE'SJOURNEY 970]

This is an improper use of the DV visa. If the family has no intend to migrate, they should release their acceptance of the DV so it can be given to the next available qualify person.

The family WILL RUN into major problems later on if theuy should continue down this path. The ownness is on the family to use the DV visa as its orginal intent.

[NigeriaorBust 4,087]

They would not keep their green cards by living out of the US from 12-18 and lose the ability to become a USC. For this to work , the parents would have to come , everyone gets their green card, parents would leave and make you the legal guardians of the children. The children would have to reside in the US from that time until they are 18. Your whole plan forgets about how you will meet their schooling needs which is way more important than a green card. US schools will NOT like them not completing grades year after year and the children will probably be removed from your care and returned to their parents. Rather than play games and use children as pawns , you could file a sibling petition, the parents could arrive in about 10 years , with the kids in tow , it you time it right they will be 18ish , and then you don't have to play games with their education.

[Anh map 2,098]

Hi all! a somewhat tricky situation:

My sister was selected for DV-2013, however, for various reasons, she and her husband are unable to permanently move to the USA at this time.

We want to do everything possible so that her two children (6 years old) become naturalized citizens at some point in time and thanks the LPR status gained from the DV.

What are the options here? Is it possible that the children stay with me for 30 months within a 5 year period (6 months per year) and without their parents (I'm in the US) in order to fulfil the continuous residency requirement? As I understand it, people under age 18 cannot apply for naturalization without their parents. In this case, if they fulful the residency requirement when they are 12, could they apply for naturalization upon turning 18? They would live in their home country from age 12-18.

Again, their parents would be unable to stay in the US for any length of time..

Any other options we could look at?

many thanks!

Without residing in the US the green card holders will lose their status. It sounds like the family should move to the US when they are prepared to live here.

It's unlikely that the minor children can game the system by staying with non (edit:) immediate family members in order to gain an immigration benefit.

Edited May 2, 2012 by Anh map