Is my Child eligible for Citizenship under INA 320 ?

[sherbo 0]

Dear VJ'ers,

My wife (a USC) has filed an IR-1 for myself and IR-2 for our (natural) one year-old child. The child did not acquire citizenship at birth, because he was born abroad and his mother does not qualify to transmit citizenship to him (she lived less than 5 yrs in the states).

We are now sending the financial/supporting documents. Per my understanding, she should submit I-864 for him. But after reading the I-864W instructions I have some doubts (point C below):

The intending immigrant is a child who will become a U.S. citizen upon entry under section 320 of the Immigration and Nationality Act (INA). Under section 320, some children become U.S. citizens immediately upon admission to the United States or adjustment of status to that of a lawful permanent resident (LPR). A child becomes a citizen under section 320 if :

A. At least one parent of the child is a U.S. citizen;

B. The child is under 18 years of age;

C. The child is residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted for permanent residence. For this purpose, a child is “residing” with the parent in the United States if their principal actual home is at the same address in the United States.

My concern is that after landing in the states, we might have to go back and forth for until we find decent jobs for us in USA. The intention is to live there, and to do it as soon as possible but I expect a transition period. Do we still meet the condition "Point C" ? Sorry if the question sounds trivial but I do not want to take any risk with immigration / POE in the future.

Regards,

Ahmed

Edited September 22, 2015 by sherbo

[newacct 688]

If your wife is the child's biological mother, yes, the child will automatically become a USC upon entering the US, and I-864W can be filed for the child.

[Hypnos 6,578]

As stated, your child will become a US citizen under the Child Citizenship Act immediately upon admission to the US as an LPR (they will be admitted as an LPR, then magically become a US citizen a moment later) because they are under 18, live in the physical and legal custody of at least one US citizen parent who is a US citizen by birth or naturalisation, and they are an LPR.

[sherbo 0]

Hypnos & newacct,

Thank you so much for your replies. What a relief!