Born in USA, left as baby, lives abroad: citizenship for grown up children living abroad?

[avemaria1 0]

Hi! A mother was born in the USA and has a US Passport and SSN.

She left the USA as a baby and has lived in Argentina ever since but never got the Argentine citizenship.

How can she ask for her adult children (with Argentine citizenship and married) living in Argentina but wanting to live in the USA to become US citizens or get permanent residency?

Can't she do it from the US consulate in Argentina?

I've been told that since she didn't live enough months in the USA, she can't do that and that if she files from the US she can: is that true?

If it is true, can she do it as soon as she arrives or must she demonstrate permanent residence?

Can she go back to Argentina immediately after filing?

Thank you!

Edited September 27, 2016 by avemaria1

[aleful 1,905]

hi

she must live in the US, a GC is for reunification, if she lives with you, then there is no reunification

she needs to first return to the US to reestablish domicile, to prove that she hasn't lost her citizenship

then file for you. the petition will take over 7 years if you remain unmarried. she will have find a joint sponsor since she hasn't been working and paying taxes. she will have to tell immigration why she didn't file taxes

[Hypnos 6,578]

She likely didn't satisfy the physical presence in the US requirement to automatically transmit her US citizenship to her children at birth. This means she would need to petition each child for permanent residency using an I-130, but would need to demonstrate that she intends to re-establish her US domicile. This won't work if she wishes to remain in Argentina but her children want to be in the US, since these types of visas are for family reunification.

Edited September 27, 2016 by Hypnos

[kzielu 1,149]

Hi! A mother was born in the USA and has a US Passport and SSN.

She left the USA as a baby and has lived in Argentina ever since but never got the Argentine citizenship.

How can she ask for her adult children (with Argentine citizenship and married) living in Argentina but wanting to live in the USA to become US citizens or get permanent residency?

Can't she do it from the US consulate in Argentina?

I've been told that since she didn't live enough months in the USA, she can't do that and that if she files from the US she can: is that true?

If it is true, can she do it as soon as she arrives or must she demonstrate permanent residence?

Can she go back to Argentina immediately after filing?

Thank you!

She can do that from within US but

- if kids are over 21 -> 12 year old wait for kids to immigrate

- Did she file US taxes with IRS as she was very much supposed to ?

[Boiler 46,143]

When does she intend moving back to the US, does not sound like it is now.

[Unlockable 7,315]

First, the mother has to have established residence in the US to petition her children.

Second, even have she has residence in the US the process to immigrate adult children who are married is over 10 years.