Immigrant visa for kids

[jan22 3,055]

1 hour ago, abumiqdad said:

Thanks for clarifying @jan22 . 

 

For natural born USC (born in the USA), and resided there with his/her parents (say the parents were on 1 year attachment in the USA) then returned to the parents home country - would that satisfy the requirement "being a resident" even though it is just for maybe months?

 

In the 2 USC born abroad and never resided in the USA, how can they, in the future , try to prove that they had established residence? Like how long must they stay in the USA as a proof? Or it is the same as establishing domicile? 

As of June 11, 2017 <-- has there been any amendment to the law regarding this matter? 

When there are two US citizen parents, only one of them had to have some residence in the US. In your example, the first parent's time when they were  a child would be meet that requirement.  The residence could be documented by such things as the parents' visas, medical records from the birth of the child showing a US address, the information on the child's birth certificate, etc.  It is not the same as domicile...it is where the individual was actually, physically, residing.

 

In your second example, where two US citizens born abroad never resided in the United States, there is no way they can go back and prove that they did -- because they didn't.   They would have to relocate to the US and establish residence, work, etc. Otherwise, they would have to petition for immigrant visas for their children. The children could then benefit from the Child Citizenship Act and acquire US citizenship after entry as a Legal Permanent Resident.

 

It was not an amendment to the actual citizenship law. Rather, a Supreme Court decision [Sessions v. Morales-Santana 582 U.S.__, 137 S.Ct. 1678 (2017)] changed the interpretation of the existing law, as the earlier intrepretation appeared to discriminate against unmarried fathers.  

Edited September 15, 2017 by jan22