Help!! Minor child under 3 yrs in the USA with conditional GC

[GitmeOuttaHere 0]

Yes, it was completely necessary to get them green cards.

There are 4 requirements for automatic citizenship under the CCA;

1. The child has a USC parent (biological or adopted only - no stepparent), AND

2. The child lives with the USC parent, AND

3. The child is under age 18, AND

4. The child has been admitted as an LPR.

As you can see, no derivative US citizenship if the kids do not have LPR status (green card).

Thank you..Yes that explains it.

Yes My wife is the bio mom and she was born in the USA (although both her parents are Canadian) They moved back to Canada with her at 2yrs of age, and she did not reside in the US again on a permanent basis until we moved here. So my Wife is a USC and also has a "Canadian born abroad" birth cert from Canada....Dual citizenship I guess, she never applied for a Canadian passport while we lived there, just her US passport.

So once she applies for our kids passports, the 3 of them will be USC, and I will still have to wait another year and a bit to put in the full 3 yrs wait until I can apply for USC. And our kids and myself will have to also renew our Canadian passports as well since they will be expiring this year. Is it safe to assume that once all this is done we will all be dual citizens?

[NickD 203]

If your child did not receive their conditional green card with 90 days of yours, you have to file a I-751 separately for that child. Better mark this on your calendar. Due to a misplaces I-130 for my stepdaughter and delays in her conditional green card, we were close, but within that 90 day limitation.

I assume since your child does have a green card, was not born in the US. If that child was born here, doesn't make any difference if you are here legally or illegally, that child is a US citizen.

For you, can apply for citizenship 90 days before your green card 3rd anniversary, provided you were married to a US citizen on that date. But in the dark about your child, if your child automatically becomes a US citizen on the day you receive your certificate, but without proof. Reason I am in the dark is because that child did not meet the residency requirements like you did. But would assume that child becomes a citizen just like you did.

To get that proof, need to file for an N-600 for that child, some can get by with just filing for a US passport, but dealing with an entirely different agency on this issue. Get pretty nasty if the child is under 16 years of age and want permission from that I don't give a damn other biological parent. A lot depends if you can prove full custody or not.

And still have that I-864 responsibility with that child and with our certain economy, will never know what is going to happen, so like to close the door with the USCIS by filing for that N-600 for that child. This closes that door.

[Ryan E 10]

The children of American citizens born abroad are US citizens and can apply for a Consular Report of Birth Abroad which serves as the equivalent to a US birth certificate. With this proof of citizenship they can get a US passport.

One fine point is that the US citizen parent must have lived in the US more than 5 years -- including 2 after the age of 14. If your wife didn't meet the criteria of 5 years in the US then the children are not automatically citizens. If she meets this criteria then she can apply for the CRBA at the Consulate in Canada and then the Children can get their US passports.

I don't have any knowledge of the derivative citizenship, but you can consider the CRBA route if that works better: http://canada.usembassy.gov/consular_services/birth-abroad.html%C2'>

[Ryan E 10]

Sorry, link didn't stick: http://canada.usembassy.gov/consular_services/birth-abroad.html

Edited February 12, 2014 by Ryan E