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wadelmaki

Status of Children after single parent's Naturalization

By wadelmaki in US Citizenship General Discussion

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wadelmaki Apprentice

wadelmaki   0

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Filed: IR-1/CR-1 Visa Country: Canada
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I am waiting on my oath ceremony which might happen in the next weeks or months. I have two kids (3 years and 1 year) and they are born outside the United States. I have applied for I-130 for the whole family (based on Permanent Residency) and got approved in 2011 and currently I am waiting for interview schedule for the whole family. I decided to pause this process till I become naturalized then it will be shorter time for my wife to become a citizen in the future (3 yrs vs 5 yrs).

My question now; what will be the status of my two kids after I become naturalized, do they become naturalized as well or they have to be GC holder for some time. I know the rule is different when both parents are citizen as it is a lot easier. I was trying to make sense of the rule, but it is a bit complicated.

Could perhaps someone give me an answer?

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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The have to enter the US on a valid visa and then they become citizens. You can file a waiver of affidavit of support for them because of the fact they are immediately citizens when they get here

This will not be over quickly. You will not enjoy this.

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wadelmaki Apprentice

wadelmaki   0

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Filed: IR-1/CR-1 Visa Country: Canada
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NigeriaorBust -

Thanks for your prompt reply. What valid visa means; does it mean any kind of visa (visitor, IV etc.)? Also, how do they become naturlized, do I need to file N-600 for them, or they have to satisfy some requirements of staying in the US, or this being determined at the port of entry?

During the I-130 process I submitted an affidavit of support for the whole family (filed I-864), do I need to file the waiver after I become a US citizen? Also, do you recommend continuing in the process of I-130 for them (obviously I need it for my wife)?

Your input is much appreciated!

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wadelmaki Apprentice

wadelmaki   0

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Filed: IR-1/CR-1 Visa Country: Canada
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When I filed the I-130 for the first time I included my wife and my first son. After my second son was born I have added him to the application as well. Our application was forwarded to the National Visa Center since May of 2011, but because of the visa availability for Green Card holders, we had to wait in a que. Recently, the family category for GC has been changed to "current", however I decided to wait till I acquire my citizenship!

Regarding your question, I did include an affidavit of support for each member.

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wadelmaki Apprentice

wadelmaki   0

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Filed: IR-1/CR-1 Visa Country: Canada
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I was reading through some websites and I have found the following, however it does not completely fits my case (since my children don't have green cards now):

Naturalization of Parents ("Derivation")

When a parent naturalizes, his or her children may "derive" U.S. citizenship automatically, provided they have green cards and are under age 18 and living with the parent at the time. Becoming a U.S. citizen in this way has a special benefit: A child who gets U.S. citizenship through the naturalization of either or both parents does not have to participate in a naturalization ceremony.

The laws on the automatic naturalization of children have varied over the years. Whether or not you are a U.S. citizen is determined by the laws that existed when your parent's naturalization took place. These laws differ for the following time periods:

  • parents who naturalized before May 24, 1934
  • parents who naturalized between May 24, 1934 and January 12, 1941
  • parents who naturalized between January 13, 1941 and December 23, 1952
  • parents who naturalized between December 24, 1952 and October 4, 1978
  • parents who naturalized between October 5, 1978 and February 26, 2001, and
  • parents who naturalized between February 27, 2001 and the present

It is still confuses me!

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BigDaddy28 Proficient

BigDaddy28   228

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Filed: Citizen (apr) Country: Tunisia
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This is what your going to have to do. let the time go for the interview what I mean don't pause it because pausing it is just making it longer for you. When they are approved for an immigrant visa and they get it when they come here to the US a green card (necessary for the kids to have) will be sent for them in the mail once they cross the boarders (Even both your kids). Once your family cross the boarder a temporary green card will be stamped in their Sudan passport. Once that's done your kids are US citizens. It happens in One second lol. After your family comes out of the airport, you can take your kids passport, your US passport or naturalization certificate and go and apply for their US passport in a passport office. They don't have time they should stay as they are citizens once they have green cards that's why I told you a second they are green card holders the next second they are US citizens.

Good luck.

Your wife has to wait 3 years anyways from your date of naturalization.

Edited by silkafi88
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newacct Experienced

newacct   688

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If the kids get immigrant visas and come to the U.S. (thus getting green cards) to live with you before you naturalize, then they automatically become U.S. citizens when you naturalize.

If the kids get immigrant visas and come to the U.S. (thus getting green cards) to live with you after you naturalize, then they automatically become U.S. citizens when they start living with you (i.e. basically, when they enter the U.S.).

In both cases they needed to have green cards (which they get by entering the U.S. with an immigrant visa), not something like a tourist visa.

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NINA80 Explorer

NINA80   9

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Filed: Lift. Cond. (pnd) Country: Morocco
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They need to enter the U.S on valid immigrant visa. A month later they will receive their green cards. Once they receive it you can apply for their US passports . All what you need is your naturalization certificate, kids passports, and your marriage certificate.

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Bailo Apprentice

Bailo   1

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Two routes to take. u can choose which one.

First, if you want them to go through a citizenship ceremoney as you will be doing, then they will have to file for citizenship and pay costs etc

Option 2: just apply passport for them and you by pass the long wait but they will not be sworn in at a ceremony.

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Bailo Apprentice

Bailo   1

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sorry. i thought they were already in the US. If they are issued immigrant visas then when they arrive, you can aply for a pasport for them because they will qualify for citizenship theough a parent who is naturalized.

I would not recomend applying for citizehsip and go through finger prints, fees and the Oath Ceremony unless you have a lot of money and as patient as a vulture. So, by pass oath ceremony for them and apply for passport

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Jay2Pnoy Explorer

Jay2Pnoy   3

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Filed: Citizen (apr) Country: Philippines
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So what would be the kids proof of US citizenship prior to applying for US passports if they dont have a certificate of citizenship when they werent born in the States? I think it is necessary to file for N-600, does it not? Try to consult an attorney, or better yet ... go register at this website and ask one of the immigration attorneys can provide a general information without having to pay for the consultation.

Here:

www.avvo.com

register, and then ask a lawyer. Good luck!

I-485 Adjustment of Status

10/21/2000 - Entry as B2 visa, changed status to F1

07/25/2005 - Mom filed F2B

03/01/2007 - Filed AOS to Permanent Resident under 245(i) by virtue of Section 203(h)(3) of the Child Status Protection Act of 2001; Public Law 107-208 (CSPA). Automatic Conversion of F2B petition and Retention of Priority date of an F4 petition as derivative beneficiary of dad filed in 1982 by his sister (hereinafter referred to as the "Automatic Conversion and Retention" clause of the CSPA). With the help of a lawyer from Los Angeles - who sent lots of briefs and case laws previously cited by the Board of Immigration Appeals, and Federal Courts to support our arguments.

03/04/2007 - Notice of Action for AOS Received

03/31/2007 - Biometrics Appointment

06/--/2007 - Interviewed in Chicago, District Adjudicator unable to approve AOS outright as more time was needed to review our case arguments, will notify us of the decision.

08/03/2007 - Decision on AOS - "DENIED" on the basis that F2B petition filed by mom was not current. USCIS misconstrued the basis for eligibility for AOS. (Copy of F2B petition mom filed only submitted as evidence that I sought to acquire status as a permanent resident within one year of the availability of the visa (F4 visa current on 12/2004), a requirement for seeking relief under CSPA and INA 203(h)(3))

08/28/2007 - Filed Request for Reconsideration of Decision on Adjustment of Status Application Based on Service (USCIS) Error, that filing for AOS eligibility was based on dad's 1982 petition, that CIS made an error in determining eligibility. (Motion to Reconsider on Form I-290B was filed without a fee, lawyer argued due to the fact that basis for AOS was erred by the Service)

01/24/2008 - Motion to Reconsider/Appeal Rejected by the USCIS District Adjudicator in Chicago due to non-payment of fee.

02/15/2008 - Re-submitted Motion to Reconsider Denial of AOS to Permanent Resident on Form I-290B, Notice of Appeal to the Administrative Appeals Office (AAO), Washington, DC.

02/19/2008 - USCIS received re-filed Motion to Reconsider with a fee of $585. Motion to Reconsider was later transferred to the Administrative Appeals Unit (AAU) in Chicago, IL.

07/28/2008 - Motion to Reconsider Denial of Adjustment on Form I-290B was reconsidered. USCIS Director in Chicago in its own motion submitted a Motion to Reopen, to reopen the case in its entirety. USCIS Director requested for 2nd interview and biometrics (after I sent tons of inquiries to the US Senators Barack Obama and Richard Durbin representing Illinois)

08/02/2008 - 2nd Biometrics Appointment

08/18/2008 - Dad filed another F2B petition requesting F2B conversion from F4 under CSPA and retention of his priority date of 1982. (CSPA decisions and case laws with BIA, Federal Courts and Court of Appeals for the 5th and 9th Circuits do not require that petitioners on later filed F2B petitions be the same as the beneficiary of the original petition, in my case dad was the beneficiary of an F4, but USCIS stance on conversion is that it does not apply to other immigration petitions except F2A and it should not be considered automatic in nature, therefore filing is necessary). A new F2B petition to the derivative beneficiary of the original petition would not have been necessary as afforded by the Act, but the USCIS does not conform to its automatic conversion clause as was on the Act.

09/05/2008 - Email Notice on Adjustment of Status "APPROVAL." (without 2nd interview as originally requested on CIS letter when decided to reopen the case). {Approved AOS based on a hard fought CSPA Automatic Conversion of my F4 derivative status to F2B and Retention of dad's Priority Date of 1982 (therefore making the F2B petition current having retained dad's PD). Law that the government decided to ignore for more than a decade now since the Act was enacted in 2001 signed by President Bush. (The lawyer who represented my case before the District Office Director in Chicago was from the same law firm in Los Angeles who sued the government, in a class action, due to its restrictive interpretation of CSPA denying benefits to those who are otherwise beneficiary of the law, those children of intending immigrants who aged out due to no fault of their own. The law firm was successful in overturning Federal Court ruling in Los Angeles when it appealed the class action to the 9th Circuit Court of Appeals, En Banc decision.) The government then appealed the decision En Banc of the 9th Circuit Court of Appeals (which basically entitled "aged outs", or those derivative beneficiariess of any family based, employment based, diversity visa categories, who turned over 21 yrs of age, to join their parents upon receiving permanent residency status) to the Supreme Court, conjoined Federal Courts decisions out of the 2nd and 5th Circuit Courts of Appeals. PENDING before the Supreme Court, anticipating decision or ruling in 2014.}

09/10/2008 - Received Green Card

N-400 Application for Naturalization

09/05/2013 - Eligibility

06/08/2013 - Sent Form N-400 (90-day rule)

06/10/2013 - Priority Date

06/10/2013 - Check Cashed

07/03/2013 - Biometrics

08/05/2013 - In line for Interview

08/12/2013 - Email Notice N-400 scheduled for Interview

08/19/2013 - Interview Letter - received

09/17/2013 - Interview @ 0930am @ 101 West Congress Parkway, 2nd Floor Citizenship Office, Chicago, IL -- APPROVED!!!

09/18/2013 - Oath Letter - mailed from Chicago USCIS Office

09/19/2013 - Oath Letter - mailed from the National Benefits Center

09/20/2013 - Oath Letter - from Chicago USCIS Office received

09/21/2013 - Oath Letter - from the National Benefits Center received

2 Oath Ceremony Appointment Letters

09/27/2013 - Oath Ceremony

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newacct Experienced

newacct   688

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Two routes to take. u can choose which one.

First, if you want them to go through a citizenship ceremoney as you will be doing, then they will have to file for citizenship and pay costs etc

No, that is not possible. If they were in the U.S. and have green cards, then when a parent naturalizes, they automatically (and involuntarily) get U.S. citizenship. There is no chance for them to do any "ceremony".

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newacct Experienced

newacct   688

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Filed: Timeline
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So what would be the kids proof of US citizenship prior to applying for US passports if they dont have a certificate of citizenship when they werent born in the States? I think it is necessary to file for N-600, does it not? Try to consult an attorney, or better yet ... go register at this website and ask one of the immigration attorneys can provide a general information without having to pay for the consultation.

Here:

www.avvo.com

register, and then ask a lawyer. Good luck!

An N-600 is never necessary. Proof of U.S. citizenship is parent's Certificate of Naturalization + child's green card.

And I don't see a point to tell people to register for another site when the information here is already complete.

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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http://travel.state.gov/visa/immigrants/types/types_1312.html

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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