URGENT, spouse/daughter on ESTA.

[Boiler 46,124]

If a parent is a US citizen "at birth," but unable to "transmit" citizenship to a child because the parent did not live in the US before the child’s birth for the required period of time, under current U.S. immigration laws, Section 322 of the ACT, the only possibility of obtaining (transmitting) U.S. Citizenship through American grandparents is as follows:

1. the child is under 18 , and in the legal custody of the US citizen parent;
2. The child’s parent is a US citizen, by either birth or naturalization;
3. The child’s US citizen grandparent lived in the US (or US possession), for at least five years, two of which were after the grandparent’s 14th birthday.

The child must temporarily enters the US pursuant to a lawful admission. The child does not have to be a green card holder. It is only required that the child entered the US legally, and is still in proper status. ( a visitor’s visa for this purpose is available.)

This "grandparent citizenship" procedure is processed in the United States, not at a US Embassy . It applies even if the grandparent is deceased. Understand that this must be done before the child's 18th birthday.??N-600Ks should be filed by the U.S. citizen parent unless the parent has died within the preceding five years. In those cases, a U.S. citizen legal guardian or U.S. citizen grandparent may file the N-600K.

The procedure requires the completion of a form through the USCIS and a scheduled appointment in the United States that the child must be present at.

[katie1996 0]

1 minute ago, caliliving said:

Calm
Take a breath!!! BREATHE!!! you are FINE!!!
please just file AOS and do not leave until you do
your daughter is a USC bc of her mother. 
you need to take care of your greencard before you can leave!!! so file for your greencard asap and all overstay and unuauthorized work is forgiven:) 

I am freaking out! 

 

Is the AOS I-130? 

 

My daughter should be able to claim her citizenship through her father, not me! He was born in the USA, lived in the USA for 5 years, and came back 2 years ago this May. 

 

We were told to file for the greencard when we are back in the UK, if we file the I-130, would I still be able to go back and visit my husband on our B1/B2 visa?

[katie1996 0]

1 minute ago, Boiler said:

If a parent is a US citizen "at birth," but unable to "transmit" citizenship to a child because the parent did not live in the US before the child’s birth for the required period of time, under current U.S. immigration laws, Section 322 of the ACT, the only possibility of obtaining (transmitting) U.S. Citizenship through American grandparents is as follows:

1. the child is under 18 , and in the legal custody of the US citizen parent;
2. The child’s parent is a US citizen, by either birth or naturalization;
3. The child’s US citizen grandparent lived in the US (or US possession), for at least five years, two of which were after the grandparent’s 14th birthday.

The child must temporarily enters the US pursuant to a lawful admission. The child does not have to be a green card holder. It is only required that the child entered the US legally, and is still in proper status. ( a visitor’s visa for this purpose is available.)

This "grandparent citizenship" procedure is processed in the United States, not at a US Embassy . It applies even if the grandparent is deceased. Understand that this must be done before the child's 18th birthday.??N-600Ks should be filed by the U.S. citizen parent unless the parent has died within the preceding five years. In those cases, a U.S. citizen legal guardian or U.S. citizen grandparent may file the N-600K.

The procedure requires the completion of a form through the USCIS and a scheduled appointment in the United States that the child must be present at.

Thank you so much for this! 

[Illiria 980]

5 minutes ago, Boiler said:

If a parent is a US citizen "at birth," but unable to "transmit" citizenship to a child because the parent did not live in the US before the child’s birth for the required period of time, under current U.S. immigration laws, Section 322 of the ACT, the only possibility of obtaining (transmitting) U.S. Citizenship through American grandparents is as follows:

1. the child is under 18 , and in the legal custody of the US citizen parent;
2. The child’s parent is a US citizen, by either birth or naturalization;
3. The child’s US citizen grandparent lived in the US (or US possession), for at least five years, two of which were after the grandparent’s 14th birthday.

The child must temporarily enters the US pursuant to a lawful admission. The child does not have to be a green card holder. It is only required that the child entered the US legally, and is still in proper status. ( a visitor’s visa for this purpose is available.)

This "grandparent citizenship" procedure is processed in the United States, not at a US Embassy . It applies even if the grandparent is deceased. Understand that this must be done before the child's 18th birthday.??N-600Ks should be filed by the U.S. citizen parent unless the parent has died within the preceding five years. In those cases, a U.S. citizen legal guardian or U.S. citizen grandparent may file the N-600K.

The procedure requires the completion of a form through the USCIS and a scheduled appointment in the United States that the child must be present at.

Thank you boiler this was what I was trying to ascertain with the question about the us citizen fathers parent.

 

This is the one way that would only be possible if a grandparent of the child was a us citizen who meets the residence requirement.

 

The other method is by obtaining a green card and the child residing with the us citizen parent.

[Illiria 980]

34 minutes ago, katie1996 said:

could we not just file for the CRBA come May? 

 

An immigration lawyer advised us that we could just do this? 

If you have this advice in writing please consider referring them to the bar as it is so wrong and if someone else gets this advice it could lead to them overstaying to the point of a ban. 

Edited January 15, 2018 by Illiria

[dentsflogged 352]

3 hours ago, caliliving said:

Calm
Take a breath!!! BREATHE!!! you are FINE!!!
please just file AOS and do not leave until you do
your daughter is a USC bc of her mother. 
you need to take care of your greencard before you can leave!!! so file for your greencard asap and all overstay and unuauthorized work is forgiven:) 

Mother is not USC.  Father IS USC but does not meet residency requirements at time of child's birth to pass on citizenship.  So child is not automatically a USC but as Boiler pointed out this can still be done via Grandparent. 

 

Unauthorised work is always unauthorised. Good luck finding an employer worth working for (ie: paying you properly & legally and giving proper health insurance, etc) who is willing to hire a foreign national who does not yet have EAD/Green Card and is currently over-staying on a tourist visa. If one existed (they don't) they'd be facing hot water as soon as they're found out.

Edited January 15, 2018 by dentsflogged

[R&OC 371]

Katie,

 

we talked on a different platform already. I would like to have the B1/B2 obstacles addressed by others as I have heard of Germans applying for a spousal visa, then simultaneously applying for a B1 visa which was denied (immigrant intent). That denial then caused the ESTA to be revokes as well.

 

Is there anyone here with more knowledge about this potential obstacle?

[R&OC 371]

PS: Katie, don't freak out, you'll disentangle the situation step by step... I am not the expert at all, but Adjustment of Status from within the US and filing for your baby's citizenship from within would be a great option if legal. 

[katie1996 0]

I thought I would give you all an update as to what is happening with me.

 

Skyped another lawyer this morning, she is based in DC, and made alot more sense 

 

told us we have 2 options. 

 

1- file everything in the USA, thats going to cost us 3000. 

 

2- go home, start i-130, go back and forth until we get accepted for the greencard, 

 

with option one, there is a SMALL chance of me getting deported, however she has never actually seen someone on an ESTA get deported. 

 

My daughter can get citizenship via her grandparents, we will be filing the N--600. 

 

 

 

[geowrian 22,338]

6 minutes ago, katie1996 said:

1- file everything in the USA, thats going to cost us 3000. 

 

2- go home, start i-130, go back and forth until we get accepted for the greencard, 

 

with option one, there is a SMALL chance of me getting deported, however she has never actually seen someone on an ESTA get deported. 

Seems to match the options presented here as well.

There's not a risk of deportation with option #1 if you meet the requirements to file for AOS (bona fide marriage, no inadmissibilities, meet the sponsorship requirements, etc.). These are basically the same requirements to get the visa abroad, so it's not like option #2 would have a higher chance of success.

[Unlockable 7,315]

30 minutes ago, katie1996 said:

I thought I would give you all an update as to what is happening with me.

 

Skyped another lawyer this morning, she is based in DC, and made alot more sense 

 

told us we have 2 options. 

 

1- file everything in the USA, thats going to cost us 3000. 

 

2- go home, start i-130, go back and forth until we get accepted for the greencard, 

 

This is what you were already told on here.

[Boiler 46,124]

2 minutes ago, NuestraUnion said:

This is what you were already told on here.

For free