Getting children of USC living abroad a US passport

[sevilla1926 0]

Hi guys!!

So my wife and I finished our visa process and all is good!! Now I am helping a friend with her immigration questions and I was wondering if you guys could help me out or point us in the right direction at least.

The mother is a USC born on a military base in Germany. She resided in the states some twenty years ago, but not sure if she was there for five years (have to ask her that). She is married to a Spanish man and they have two children born in Spain who are Spanish and are under 18. The youngest child lives at home with his parents and the older one is studying at the University, but I'm not sure if he is considered to be residing with his parents (another question I have for them). The mother ultimately wants to get their children a US passport and we're not sure how it works with neither the USC nor the children not living in the states.

So to resume the case:

- 1 USC (mother) with US passport, and 1 non-USC (father, Spanish)---- live and reside in Spain

- 2 Spanish children under the age of 18 ----- born, live, and reside in Spain (I think the older one is studying University in England, but not sure where his permanent residence is...the last academic year he was in England, but I haven't gotten an update yet with Spanish vacations and all)

- The USC lived in the USA years ago, but not sure if it was for 5 years (will ask her)

So basically, is it possible for the children to get US citizenship in this case? Do they first need to get LPR and when they go to the states apply for a US passport? Due to the unique circumstances of their case, would the children's immigrant petitions be immediately processed or would they have to wait a certain number of years?

Thanks a lot guys, really appreciate the help!!

[Penguin_ie 5,997]

USC will all depend on the 5 year rule.

If the kids are not elligible for CRBA, and the mother moves back to the USA and petitions for them, it will be processed immediately- should take less than a year. I *think* upon entering the USA, they;d be elligible for citizenship.

[sevilla1926 0]

Thanks Penguin! In the end I think they are going to get a lawyer as the USC was only in the States for a total of 4 years. Hopefully that will help clear things up for them on how to proceed!