Appling for agreen card

[geowrian 22,338]

1 minute ago, Sakiena said:

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

At the very least, I believe the children need to be residents before becoming citizens. That would require the I-130 and I-485.

 

I'll admit that I'm not certain if they will qualify for citizenship right away after becoming a resident or not, but I have never heard of entering as a tourist and filling out an N-600 to gain citizenship directly.

[Sakiena 0]

1 minute ago, geowrian said:

At the very least, I believe the children need to be residents before becoming citizens. That would require the I-130 and I-485.

 

I'll admit that I'm not certain if they will qualify for citizenship right away after becoming a resident or not, but I have never heard of entering as a tourist and filling out an N-600 to gain citizenship directly.

ok , and if I need something like resident permit or visa extending because I cant pay now all these fees . is there is any forms for that

 

[Sakiena 0]

12 hours 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 hope that , but every one I asked said different thing and I am very confusing .

[Sakiena 0]

12 hours ago, tato2017 said:

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

but is it ok because they didn't come with an immigrant visa they came with a visit visa

[lala52 25]

8 minutes ago, Sakiena said:

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

I hadn't heard of that 5 year rule, but then again I'm not an expert in this field.

 

But also going back to what someone mentioned...they entered on a visa and not as permanent residents so they don't meet the criteria for direct citizenship?

 

"Under current law, children under 18 automatically acquire U.S. citizenship if three requirements are met.

• The child must have U.S. lawful permanent resident status (“green card” holder).
• At least one parent must be a U.S. citizen by birth or naturalization.
• The child must be residing in the United States in the legal and physical custody of a USC parent."

[NigeriaorBust 4,087]

 pursuant to lawful admission for permanent residence  That is your problem . Your children at this moment were not admitted for lawful permanent residence.   However you have never answered by question about your years in the US both as a citizen and a green card holder . 

1. Physical Presence of Child’s U.S. Citizen Parent

 

A child’s U.S. citizen parent must meet the following physical presence requirements:

 

•The parent has been physically present in the United States or its outlying possessions for at least five years; and

 

•The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

 

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.

 

[Sakiena 0]

1 minute ago, lala52 said:

I hadn't heard of that 5 year rule, but then again I'm not an expert in this field.

 

But also going back to what someone mentioned...they entered on a visa and not as permanent residents so they don't meet the criteria for direct citizenship?

 

"Under current law, children under 18 automatically acquire U.S. citizenship if three requirements are met.

• The child must have U.S. lawful permanent resident status (“green card” holder).
• At least one parent must be a U.S. citizen by birth or naturalization.
• The child must be residing in the United States in the legal and physical custody of a USC parent."

yes , you r right they came a visit visa so I must start first with the permanent resident  

[geowrian 22,338]

13 minutes ago, Sakiena said:

ok , and if I need something like resident permit or visa extending because I cant pay now all these fees . is there is any forms for that

 

The I-130 + I-485 would be the forms to obtain residency (I-130 recognizes them as a relative eligible for an immigrant visa number, and I-485 adjusts their status to a permanent resident for somebody with an available immigrant visa number within the US).

 

There's no forms (that I know of) to extend legal status once it has expired. Any such application would be considered "untimely filed" and generally is not considered unless there are exceptional circumstances to justify the untimely filing. If their status has not expired, you can file an extension of stay (EOS), which grants authorized stay while they make a decision. However, I'd suggest probably just saving the money to file for AOS and being done with it.

 

5 minutes ago, lala52 said:

I hadn't heard of that 5 year rule, but then again I'm not an expert in this field.

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

"The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14^th birthday."

 

Quote

But also going back to what someone mentioned...they entered on a visa and not as permanent residents so they don't meet the criteria for direct citizenship?

 

"Under current law, children under 18 automatically acquire U.S. citizenship if three requirements are met.

• The child must have U.S. lawful permanent resident status (“green card” holder).
• At least one parent must be a U.S. citizen by birth or naturalization.
• The child must be residing in the United States in the legal and physical custody of a USC parent."

Yup...the bolded item being the kicker here.

Edited July 28, 2017 by geowrian

[Sakiena 0]

2 minutes ago, geowrian said:

The I-130 + I-485 would be the forms to obtain residency (I-130 recognizes them as a relative eligible for an immigrant visa number, and I-485 adjusts their status to a permanent resident for somebody with an available immigrant visa number).

 

There's no forms (that I know of) to extend legal status once it has expired. Any such application would be considered "untimely filed" and generally is not considered unless there are exceptional circumstances to justify the untimely filing. If their status has not expired, you can file an extension of stay (EOS), which grants authorized stay while they make a decision. However, I'd suggest probably just saving the money to file for AOS and being done with it.

 

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

"The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14^th birthday."

 

Yup...the bolded item being the kicker here.

ok I will start saving and go ahead with I-130 and I-485

thanks a lot

[geowrian 22,338]

Just now, Sakiena said:

ok I will start saving and go ahead with I-130 and I-485

thanks a lot

Best wishes.

[Sakiena 0]

Just now, Sakiena said:

ok I will start saving and go ahead with I-130 and I-485

thanks a lot

as I clearly see now almost all replies are the same and I will do it ASAP

[Sakiena 0]

Just now, geowrian said:

Best wishes.

thanks and have a good night