So Confused, Need Help! [merged threads]

[fa2520 0]

Hi,

Here's the whole story.

My father is an American Citizen. (Deceased)

I am an American Citizen. I am married. My husband is not a citizen.

I was born in Puerto Rico, but have lived almost entire life in Qatar (abroad). I can't get a Consular Report of Birth Abroad because I don't have evidence of physical presence for 5 years.

How do my children get to become citizens then? They say you can use the child's grandparent's physical presence, but that is hard to get, is there a better way?

I applied for my family (I-130) in 2010, but they terminated my application because my awful lawyer didn't get back with them!!

Also what is the deal with the Child Citizenship Act of 2000?

I have four children, all who were under 18 years old on Feb. 27 2001. Does that mean they get automatic citizenship?

In short, what's the fastest way to get my children their U.S passport/citizenship?

Thanks!

[EM_Vandaveer 2,417]

Petition for them for immigrant visas. Once they enter the US on immigrant visas they'll automatically become USCs, (assuming they are all under 18 at the time) you'll be able to apply for US passports for them.

You'll have to file four separate I-130s for them.

Edited June 30, 2016 by EM_Vandaveer

[aleful 1,905]

hi

the only way for your children to get a GC is if you live in Pto Rico

are you still living in Qatar?

the child citizenship act doesn't work that way. If you file for a green card for them to joint you in Pto Rico or in the US, if they come to the country before they are 18, they will automatically become USC

now if they are all over 21, which I assume, then it will take over 7 years if they are unmarried and over 10 if they are married

plus you haven't said anything about filing for your husband

but if you plan to stay in Qatar, then there is no immigration process possible, if you decide to return to Pto Rico, then you can file for your family to come

you probably will need a joint sponsor

Edited June 30, 2016 by aleful

[fa2520 0]

Petition for them for immigrant visas. Once they enter the US on immigrant visas they'll automatically become USCs, (assuming they are all under 18 at the time) you'll be able to apply for US passports for them.

You'll have to file four separate I-130s for them.

Hi thanks for helping out!

Only one is currently under 18 years old. The rest are over 18. But why 4 separate I-130's?

[fa2520 0]

hi

the only way for your children to get a GC is if you live in Pto Rico

are you still living in Qatar?

the child citizenship act doesn't work that way. If you file for a green card for them to joint you in Pto Rico or in the US, if they come to the country before they are 18, they will automatically become USC

now if they are all over 21, which I assume, then it will take over 7 years if they are unmarried and over 10 if they are married

plus you haven't said anything about filing for your husband

but if you plan to stay in Qatar, then there is no immigration process possible, if you decide to return to Pto Rico, then you can file for your family to come

you probably will need a joint sponsor

Hi, thanks for helping out!

Yes, I'm still in Qatar. Only two are under 21 the others are over 21. I also want to file for my husband. So what do I have to do, step by step? File I-130?

[EM_Vandaveer 2,417]

Hi thanks for helping out!

Only one is currently under 18 years old. The rest are over 18. But why 4 separate I-130's?

Child citizenship act won't work, then.

If you file the I-130s for them, the three of them who are over 18, if they remain unmarried can get immigrant visas in about 7 years, once they have these, they have to live in the US for 5 years as GC holders at which point they can apply for naturalization.

The one who is under 18, if he or she will still be under 18 when entering the US he or she will become a citizen then.

File 5 I-130s: one for your husband, one for each of your children. That's how to start.

Why 5 separate ones? Because the one for your husband is an immediate relative petition, so no derivatives.

Basically it's 5 separate cases.

Edited June 30, 2016 by EM_Vandaveer

[fa2520 0]

Child citizenship act won't work, then.

If you file the I-130s for them, the three of them who are over 18, if they remain unmarried can get immigrant visas in about 7 years, once they have these, they have to live in the US for 5 years as GC holders at which point they can apply for naturalization.

The one who is under 18, if he or she will still be under 18 when entering the US he or she will become a citizen then.

File 5 I-130s: one for your husband, one for each of your children. That's how to start.

Why 5 separate ones? Because the one for your husband is an immediate relative petition, so no derivatives.

Basically it's 5 separate cases.

Really.

What if I get proof of physical presence for my father (5 years in the US) will that help/change anything? And so even though I am a US Citizen, the best way/only way to get citizenship for my children is through the I-130 that will take 7 years?

[EM_Vandaveer 2,417]

Really.

What if I get proof of physical presence for my father (5 years in the US) will that help/change anything? And so even though I am a US Citizen, the best way/only way to get citizenship for my children is through the I-130 that will take 7 years?

You should have done it while they were under 18, the visa process would have taken a year & they would have become citizens upon entry to the US. But that's water under the bridge now.

[EM_Vandaveer 2,417]

Even the grandparent-based citizenship has to be done before they turn 18.

[Caykay1 71]

Hi thanks for helping out!

Only one is currently under 18 years old. The rest are over 18. But why 4 separate I-130's?

You live somewhere for 18 years and you want to claim citizenship? I will leave those experienced to answer your questions. 4 separate filing because that's the law and that's what Uscis says. Good luck with the journey.

[canadian_wife 1,829]

You live somewhere for 18 years and you want to claim citizenship? I will leave those experienced to answer your questions. 4 separate filing because that's the law and that's what Uscis says. Good luck with the journey.

5 separate - one for the husband and 4 for the children.

I just don't want to confuse the original poster. She seems overwhelmed as it is.

Good luck

[fa2520 0]

Hi. I was born in the United States and therefore am a US Citizen. I left to Qatar and married there and had four kids (aged: 26, 25, 19, 13). I urgently need to move back to the US and want my family to come back and live there together. The younger two and my husband wont take much time right? But, do I have to wait for 7 years for my two oldest kids? Is there another way, aren't they automatically citizens? What about the N600/N600K forms for certificate of citizenship? Also, could I just go apply for passports for all of them, since the US follows "jus sanguinis" and since my father was a USC, and I am a USC, they should also be USC's automatically?

Side question: If a previous I130 terminated due to no action, does the CSPA apply (freeze kids ages) if one were to reapply?

[zkt101 38]

Your children don't become US citizens automatically.

You can file for CRBA (Consular report of birth abroad) for any child before the he/she turns 18, and you have to satisfy a certain US residency

requirements to pass citizenship to your child.

If you sponsor your children to become permanent residents, only two of your children, the 13 and 19 year old, qualify as immediate relatives, so they have their visa available to them immediately. The two adult children are out of luck, and they have to wait for 7 year for a visa.

The 13 year old can becomes US citizen once he reaches US soil as he is a child permanent resident of US citizen. You can file for his passport and/or certificate of citizenship. Your other children will need to apply to become naturalized US citizen if they want to once they have been a green card holder for 5 years.

I don't believe you can revive the I-130 once it is terminated and dead, so you have to file new one.

Good luck!

Edited July 4, 2016 by zkt101

[EM_Vandaveer 2,417]

You have been told all this in a previous thread. The facts have not changed.

[aaron2020 11,651]

Hi. I was born in the United States and therefore am a US Citizen. I left to Qatar and married there and had four kids (aged: 26, 25, 19, 13). I urgently need to move back to the US and want my family to come back and live there together. The younger two and my husband wont take much time right? About a year. But, do I have to wait for 7 years for my two oldest kids? Yes, they do have to wait approximately 7 years for their visas. Is there another way, aren't they automatically citizens? They are not automatic citizens since you do not meet the 5 years physical presence requirement to pass on US citizenship to your children. There is no faster way through you. What about the N600/N600K forms for certificate of citizenship? None of these apply since you don't meet the physical presence requirement. Also, could I just go apply for passports for all of them, since the US follows "jus sanguinis" and since my father was a USC, and I am a USC, they should also be USC's automatically? None of your children are US citizens. Do be stupid and make false claims of US citizenship because doing so could result in lifetime bans for your adult children.

Side question: If a previous I130 terminated due to no action, does the CSPA apply (freeze kids ages) if one were to reapply? CSPA would only apply if you had taken action within 1 year of their PD becoming current.

When did you file the I-130? For whom did you file? Did the NVC ever contact you?

In your other thread, you stated that you do not meet the 5 years physical presence requirement to pass US citizenship on to your children.

You can petition for your husband and your children. Each will need a separate I-130.

It will take about a year to get visas for your husband, the 19 years old, and the 13 years old. CSPA will protect the 19 years old from aging out. The 13 years old will automatically become a USC when he enters the US. The 19 years old and your husband will be green card holders (LPRs).

It will take 7 years to petition your UNMARRIED children over age 21. If they get marry, it will be 13 years and their spouse and children would be included. There is nothing you can do to change this.