Appling for agreen card

[geowrian 22,338]

5 minutes ago, kzielu said:

Aren't the kids automatically citizens if OP is a USC  (by Child Citizenship Act if I recall correctly) and kids live with her inside US ? Doesn't it require N-600 rather than I-130/I-485 and thousands in fees ?

Since the kids successfully received and used tourist visas, I'm assuming any potential citizenship issues were already addressed by the CO. OP didn't live in the US the required timeframe to pass citizenship to children by birth.

Edited July 27, 2017 by geowrian

[kzielu 1,154]

Just now, geowrian said:

Since the kids successfully received and used tourist visas, I'm assuming any potential citizenship issues were already addressed by the CO. OP didn't live in the US the required timeframe to pass citizenship to children.

I doubt it - that I think only matters if somebody is trying to claim citizenship while abroad. At this point she is USC, her kids are with her - they should be USC - I think.

[geowrian 22,338]

4 minutes ago, kzielu said:

I doubt it - that I think only matters if somebody is trying to claim citizenship while abroad. At this point she is USC, her kids are with her - they should be USC - I think.

I think you're thinking of CRBA...? I'm referring to citizenship via only one parent being a USC. The USC must have physically lived within the US for a certain period of time for the children to be USCs. The specifics have changed many times throughout the years.

 

https://www.uscis.gov/us-citizenship/citizenship-through-parents

Edited July 27, 2017 by geowrian

[tato2017 41]

2 minutes ago, kzielu said:

I doubt it - that I think only matters if somebody is trying to claim citizenship while abroad. At this point she is USC, her kids are with her - they should be USC - I think.

I agree. I think they just need to claim USC by submitting N-600 with appropriate documents.

http://www.nolo.com/legal-encyclopedia/us-citizenship-birth-parents-29750.html

http://www.nolo.com/legal-encyclopedia/obtaining-proof-of-us-citizenship-30116.html

[kzielu 1,154]

1 minute ago, geowrian said:

I think you're thinking of CRBA...? I'm referring to citizenship via only one parent being a USC. The USC must have physically lived within the US for a certain period of time for the children to be USCs. The specifics have changed many times throughout the years.

 

https://www.uscis.gov/us-citizenship/citizenship-through-parents

Why do you think this (from your link) : 

 

The child was under 18 or not yet born on February 27, 2001

At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.

 

doesn't apply ???

 

[kzielu 1,154]

Now, lawful admission for permanent residence may be tricky here - since technically parents are supposed to file I-130 and when child comes receiving GC at PoE, they automatically become citizens but I am pretty sure it still would work.

[tato2017 41]

I think they just claim their USC from the State Department without going through USCIS unless they need a proof of their Citizenship.

[geowrian 22,338]

14 minutes ago, kzielu said:

Why do you think this (from your link) : 

 

The child was under 18 or not yet born on February 27, 2001

At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.

 

doesn't apply ???

That's referring to derivation of citizenship, which doesn't apply here. That's if the parent becomes a USC and passes along that citizenship to the child. The parent is unquestionably a USC already. The child would have to obtain citizenship via acquisition, which is where the first chart comes into play.

 

At least that's my understanding. If I'm wrong, great.

http://immigration.findlaw.com/citizenship/u-s-citizenship-through-parents-or-by-birth.html

 

 

Edited July 27, 2017 by geowrian

[Sakiena 0]

I asked about that because that what i thought 

but they said because i must stay in usa before the k

I must stay 5 years in usa and i leave the country when i was 3 

[NigeriaorBust 4,087]

  They have to be admitted to residence for going to the N600,  A tourist visa doesn't count.  He can file the I 130 ,  ( and the I485 if he wants )   they will still need medical,  He would use the I864W  because the moment they get their green card and are on US soil they qualify to apply for USC which immediately eliminates the affidavit of support.    Their overstay also doesn't count because they are minors ( and the immediate relative of a USC) 

[Sakiena 0]

I am not sure but what i read that i must apply for the green card because i wasnt stay for5 years inside usa before kids born

[NigeriaorBust 4,087]

  If you as a parent can't pass your USC to the kids at birth  (   How long did you live in the US both as Green card holder and a USC )   Your child can become USC's when they are admitted for residence ( this usually means approved for a green card )   and are here in the US in your custody .      So unless you have the right amount of time they need to be admitted residents. 

[lala52 25]

12 hours ago, kzielu said:

Aren't the kids automatically citizens if OP is a USC  (by Child Citizenship Act if I recall correctly) and kids live with her inside US ? Doesn't it require N-600 rather than I-130/I-485 and thousands in fees ?

That's what I was thinking too, why not the N600??https://www.uscis.gov/us-citizenship/citizenship-through-parents

 

"Automatic U.S. Citizenship After Birth - But Before the Age of 18

A child born outside the U.S. is a citizen after birth IF...

The child was under 18 or not yet born on February 27, 2001

AND...

At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence."

[Sakiena 0]

12 hours ago, geowrian said:

Since the kids successfully received and used tourist visas, I'm assuming any potential citizenship issues were already addressed by the CO. OP didn't live in the US the required timeframe to pass citizenship to children by birth.

so, do you think I must apply the N600 instate of i-130 & i1485

[Sakiena 0]

18 minutes ago, lala52 said:

That's what I was thinking too, why not the N600??https://www.uscis.gov/us-citizenship/citizenship-through-parents

 

"Automatic U.S. Citizenship After Birth - But Before the Age of 18

A child born outside the U.S. is a citizen after birth IF...

The child was under 18 or not yet born on February 27, 2001

AND...

At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence."

but what all attorneys I asked they said they will not get citizenship because I wasn't stay in USA for at least 5 years