I-485 Green Card processing for 4 Yr old child at CA Svc Center

[tathagata 0]

I as US Ctzn filed I-130 and I-485 adjustment of status for my 4 yr old child who is foreign born at Texas Svc Center. Child had finger prints (only one finger plus a phto taken) done two weeks ago in Texas. Now few days ago I got a notice that my I-130 and I-485 case is moved to CA service center in Laguna, CA for "speed up" processing. What does this mean? Interview is waived or is interview still possible, but we live in Texas? Is my child going to get green card without interview? When can I expect a decision is made on my case and child will have a the green card in the hand. I appreciate if you have any experiences and any insight into this issue.

[VanessaTony 3,567]

What visa did the child enter on?

[tathagata 0]

What visa did the child enter on?

Visitor visa

[VanessaTony 3,567]

Visitor visa

Right. I'm reporting this thread to be moved.

Though intent is not asked at interview, I would be wary of any questions that were asked when the child entered. What he/his travelling companion taken into secondary and questioned at any stage? You don't want to be accused of immigration fraud.

[Kathryn41 3,205]

Topic has been moved from the AOS based upon a family visa entry forum to the AOS from a Work, Student & Tourist visa entry forum as the more appropriate location for this discussion

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moderator hat off now:

I am assuming your 4 year old child entered with an adult, yes? What is the status of that adult? If that adult was the child's parent, any decision related to granting the child's green card can be affected by what was said at the Port of Entry by the accompanying adult. I believe that is what Vanessa is referring to above.

To answer your specific question, having the file transferred to the California Service Center is considered a good thing. It generally means that there are no obvious problems in the application and that the application is expected to be processed quickly (relatively). They would not interview a 4 year old who is not considered sufficiently mature enough to understand and answer questions related to their entrance to the US, however, they might interview the accompanying parent if that parent is also adjusting status. It is hard to predict how long it will take - it could be a few weeks after the transfer to a few months. Every situation is unique so it is hard to predict accurately what to expect.

One other question - you refer to the 4 year old as your child. Is this your biological child, and if so were you a US citizen when the child was born? Even if the child was born outside of the US and you were a US citizen at the time and are the biological parent of that child, then the child is already a US citizen. I just wanted to be sure you knew this, in case it applies to your circumstances.

(btw - the immigration fraud Vanessa refers to is the intentional use of a visitor's visa to bring an individual into the US with the prior intention of them remaining in the US to adjust status. This is considered immigration fraud as there is a specific visa that is supposed to be obtained outside of the US for this purpose. If you recently married the child's parent and the child was already in the US on a visitor's visa when this happened, then there was no prior intent, thus no potential fraud situation. A lot depends on why the child is eligible to adjust status).

Edited June 16, 2012 by Kathryn41

[grrrrreat 109]

One other question - you refer to the 4 year old as your child. Is this your biological child, and if so were you a US citizen when the child was born? Even if the child was born outside of the US and you were a US citizen at the time and are the biological parent of that child, then the child is already a US citizen. I just wanted to be sure you knew this, in case it applies to your circumstances.

This is generally true, except that a child born to only one U.S. citizen abroad is a citizen only if the parent had satisfied the physical presence requirements when the child was born (5 years including 3 years after age 14 inside the U.S. for in-wedlock children, 1 year inside the U.S. for out-of-wedlock child). Even a child born to two U.S. citizens is a citizen only if either parent had resided in the U.S.

For children of U.S. citizens, there are about two options. The first is if the U.S. citizen didn't meet the physical presence requirements at birth but now does, and the child lives outside the U.S., then the parent can apply for expedited naturalization. The child will receive a visa for the purpose of traveling to the U.S. and becoming naturalized. This is N-600K.

The other option is for the child either to receive an immediate relative visa or to adjust status to lawful permanent resident. The good thing is that, under the Child Citizenship Act, a child who becomes an LPR and is living inside the U.S. in the custody of U.S. citizen parents acquires citizenship by operation of law, without being naturalized. So the immigrant visa or status adjustment actually results in the child becoming a citizen.

[Kathryn41 3,205]

This is generally true, except that a child born to only one U.S. citizen abroad is a citizen only if the parent had satisfied the physical presence requirements when the child was born (5 years including 3 years after age 14 inside the U.S. for in-wedlock children, 1 year inside the U.S. for out-of-wedlock child). Even a child born to two U.S. citizens is a citizen only if either parent had resided in the U.S.

For children of U.S. citizens, there are about two options. The first is if the U.S. citizen didn't meet the physical presence requirements at birth but now does, and the child lives outside the U.S., then the parent can apply for expedited naturalization. The child will receive a visa for the purpose of traveling to the U.S. and becoming naturalized. This is N-600K.

The other option is for the child either to receive an immediate relative visa or to adjust status to lawful permanent resident. The good thing is that, under the Child Citizenship Act, a child who becomes an LPR and is living inside the U.S. in the custody of U.S. citizen parents acquires citizenship by operation of law, without being naturalized. So the immigrant visa or status adjustment actually results in the child becoming a citizen.

Thank you for adding this important information. Yes, there is a residency requirement for a US citizen parent passing along US citizenship to children born outside of the US