USC mother and her children

[Frage 67]

Suppose there is a mom who is USC by birth and she has unmarried children over 21 years. Father is a German citizen. They reside in Germany. She didn't report the birth abroad. Are the children citizens? What proof can they get? N-600 and N-600K don't seem to fit. If they are not citizens, since the birth wasn't reported to the embassy, would they be able to get Green cards and become citizens under the 5 year rule, providing they live here?

 

 

Edited September 14, 2017 by Frage

[Unlockable 7,314]

Yes, the son would have to be petitioned by you (US citizen parent) to get permanent residency. However, the process for unmarried sons and daughters over the age of 21 to get a green card will take more than 7 years. 

 

ETA: If he marries, the process will take more that 13 years.

Edited September 14, 2017 by NuestraUnion

[Frage 67]

I see. Thanks for your reply. I'm not said mother by the way. It's someone in my family  

[jan22 3,055]

10 hours ago, NuestraUnion said:

Yes, the son would have to be petitioned by you (US citizen parent) to get permanent residency. However, the process for unmarried sons and daughters over the age of 21 to get a green card will take more than 7 years. 

 

ETA: If he marries, the process will take more that 13 years.

This is not necessarily true.  If the mother met the physical presence requirement for the transmission if US citizenship to her chikdren, they are US citizens whether she reported their birth to the Embassy or not.  It is not reporting it that makes them a citizen--it's whether the mother meets the requirement.

 

If it appears the mother met the transmIssion requirement, depending on the age(s) of the child (ren), the mother should apply for the Consular Report of Birth abroad (for children still under the age of 18)  or the child (who is over the age of 18) should apply for a US passport and the acquisition of US citizinship will be adjudicated.

 

If the mother does not meet the requirement or the consular officer determines citizenship was not transmitted, only then will they need to file for immigrant visas.