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Ron and Rhea

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Hey y'all...well the wife is now a US citizen, and good to go. She has ordered her US passport. Now for the question, we brought her son, who is almost 8, here 2 1/2 years ago. He has not adjusted well and hates it here actually, he wants to badly go back and live with LoLo and LoLa and all the other family in the Philippines. He is still a Philippine citizen, has his Philippine passport, so we wondered about flying back to the Philippines and let him live there for a while and see if he misses living here in the US. I mean since the wife has become a US citizen does that change the boys status?

We know lots of Filipina's who live here in America and never brought their kids here...they just go back and see them on vacation...so other than the emotional toll and such, and ideas?

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He is a US citizen as he is a derivative of his mother. Get him a US passport at the same time as your wife.

The laws regarding the derivative acquisition of U.S. citizenship by minor children were broadened by the Child Citizenship Act of 2000 (CCA). This law became effective February 27, 2001, and remains effective as of this writing. Under current law, children under 18 automatically acquire U.S. citizenship if three requirements are met.

1. The child must have U.S. lawful permanent resident status (green card holder).

2. At least one parent must be a U.S. citizen by birth or naturalization.

3. The child must be residing in the United States in the legal and physical custody of a USC parent.

In this situation, once all three requirements are met, U.S. citizenship is automatically conferred upon the child/ren by operation of law without the need to file a specific application requesting U.S. citizenship. These provisions apply to ones adopted child/ren as well as biological child/ren.

Edited by Greenbaum
Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Timeline

He may not be happy but he is only 8 years old. What he does not realize is how lucky he is. He has no future in the Philippines. Education is completely lacking and there are no jobs. What jobs there are, pay like #######. Our son is almost 4. Born here in the Philippines but we will be moving back to the States in a few years so he can get an education and have opportunities when he becomes an adult. My advice is he stays in the USA. Get him his citizenship and the blue passport so he can have a chance in life.

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Speaking from my own experience (I immigrated to the US with my parents when I was 5), I was unhappy because I was "different" from the other kids in school. It's difficult for a child to adjust, especially when English is the 2nd language. But as MAHALisMAHAL stated, your son doesn't understand how lucky he is. He can get a much better education and life here in the US. It may seem like the easier route to just let the child go back home, but believe me, it's to his advantage to stay. Try to talk to him, and maybe get him involved in sports or a club so that he can make more friends :)

USCIS Process:
Sent I-130 (via USPS): February 20, 2016
NOA1 hardcopy received: February 26, 2016
NOA2 approval text & email: May 6, 2016 (71 days from NOA1)
Petition sent to NVC text & email: May 11, 2016

NVC Process:
Case number and IIN Assigned: May 26, 2016
Choice of Agent (DS-261) completed: May 27, 2016
AOS Fee Invoiced: May 27, 2016
Pay AOS Fee: May 27, 2016
AOS Fee appeared as PAID: June 2, 2016
IV Fee Invoiced: June 3, 2016
Pay IV Fee: June 3, 2016
IV Fee appeared as PAID: June 6, 2016
IV application (DS-260) completed: June 7, 2016
Sent AOS & IV packets (via FedEx): June 8, 2016
Scan date: June 9, 2016
CC: July 14, 2016 (FINALLY saw 3rd N/A... 35 days after scan date)
Confirmation of CC email received: July 21, 2016
Interview date received over the phone: July 26, 2016

Interview Process:
Interview letter/P4 received via email: August 5, 2016
Medical Exam (@SLEC): August 3-4, 2016

Sputum samples given: August 15-17, 2016

Pulmo Consultation: August 18, 2016 (sputum smear is NEGATIVE!)

Results of sputum culture: October 12, 2016 (NEGATIVE!)

Completed: October 17, 2016
Interview date: October 24, 2016 (APPROVED! case status ISSUED the same day) :content:

Visa ready for pickup @MOA (via 2GO tracking): October 26, 2016

Visa in hand: October 27, 2016

Pay Greencard Fee: October 27, 2016

POE: November 6, 2016 (L)

SSN received (via USPS): November 14, 2016

10-year Greencard received (via USPS): December 17, 2016 (41 days after POE) :dance:

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Filed: Other Timeline

He may not be happy but he is only 8 years old. What he does not realize is how lucky he is. He has no future in the Philippines. Education is completely lacking and there are no jobs. What jobs there are, pay like #######. Our son is almost 4. Born here in the Philippines but we will be moving back to the States in a few years so he can get an education and have opportunities when he becomes an adult. My advice is he stays in the USA. Get him his citizenship and the blue passport so he can have a chance in life.

true. that is why i am also trying to get my siblings by petitioning my mom, she can get them for a shorter time instead of 30 yrs if it is me.. or maybe have him visit them once a year or in special occasions like christmas.. children should grow with there parents by there side

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Seriously the child is 8. Why would you be seriously listening to what an 8 year old thinks they want or know? I say this because I have 9, 7, and a 2 year old children in my family. My two older children are from my first wife, and they would love to live with their mother because she has a no rules type of house hold and I don't. But an 8 year old does not know what is good for them. So what will happen if the child goes back to the Philippines, will you bring him back when he wants to come back to the USA?

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Speak to him about his concerns. Does he feel like he won't fit in school? Does he find english hard to speak? Does he feel alone? Get to the bottom why he truly wants to go back to the Philippines. Let him know you're on his side and you're willing to help him. If he misses his grandparents, let him speak to them on Skype. Maybe he won't get that choice to go back home, but don't leave him feeling the way he does... Help him feel America is home now. :D

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