Help! My mom is American but I must wait 7 years to get my green card via the i130?

[Springrain22 427]

1 hour ago, mrchungstah said:

So theres nothing lawyers can do? Could I appeal and say that I need to take care of my mom since she will be by herself?

No, you can't. And there's nothing lawyers can do.

[mrchungstah 1]

2 minutes ago, Dee elle said:

Read literally...

It says  continuously   that means continuous, without  break......

it does not mean a total of ...

it means continuous... 

Ok yes she was there continuously for at least 12 months at a time, but the question still stands: Given that I'm born in 1989, did she have to be there 1988-1989, or could she have been there any time before 1989 for a continuous period of 12 months?

[mrchungstah 1]

Sorry, I read wrong. My category is not "US citizen mother out of wedlock" but rather "US citizen and alien parent; married", since my parents were married at the time. So again following this link (https://nl.usembassy.gov/wp-content/uploads/sites/148/transmission_tables.pdf), my requirement is: "Citizen parent physically present in U.S. or possession 5 years prior to child’s birth, two of which after the age 14."

 

My mom arrived in America much older than 14, has been in America continuously for 7 years (SF, Virginia, LA), so this definitely feels like it's time for me to speak to a lawyer.

 

However, most people collect citizenship when they're kids, no? Yet I'm coming at this at the ripe old age of 28...

[mrchungstah 1]

1 minute ago, Dee elle said:

Ok i see the possible ambiguity... 

 

I think i was wrongly reading ... i went to the USCIS manual and read fyrther and got this

INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK

 

 

(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

 

so maybe you are ok with  claiming SC

Wait sorry, this is still the "child born out of wed lock" requirement. I just sent a new message saying that I'm actually under the other requirement since my parents are married...

[CEE53147 559]

Why does she think that retiring in the US is to her benefit?

 

Why do you think being her caregiver in the US rather than having your own career and saving for your own retirement is in your best interest?

Edited May 12, 2018 by CEE53147

[mrchungstah 1]

3 hours ago, Dee elle said:

My iPad is having a breakdown.. lets try this agian.

 

Ok ignore my last reread of the post and i will look at the accurate situation  as you have described.. watch this space..

 

And i dont think that claiming USC has a time limit or age limit...

 

Please clarify..  how and when did your mother attains her USC status.  

what was your fathers status

She was an American citizen by the time of my birth. She lived in America for 7 years before my birth. My father's status is an alien. He lived in America for a few years to go to school but did not get any green card.

[mrchungstah 1]

3 hours ago, Dee elle said:

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH  

 

        (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and  

 

 

Those 5 years , including 2 over age 14, must have been as a USC,.not as a LPR... so it deoends on how and when she attained her USC status. 

She became an American citizen in 1984. It took her 5 years to become a citizen (1979-1984), but after she became a citizen in 1984, she was only living there until 1986. Is this something my lawyer can argue?

[Going through 5,671]

7 hours ago, mrchungstah said:

She became an American citizen in 1984. It took her 5 years to become a citizen (1979-1984), but after she became a citizen in 1984, she was only living there until 1986. Is this something my lawyer can argue?

Your mother would have had to hold US citizenship, AND physically resided in the US for a period of no less than 5 years once becoming a US citizen.

 

The time spent living in the US as a LPR (or otherwise) is irrelevant.

 

From what you've said, she resided in the US for only 2 years after becoming a US citizen.  

 

No, this is not something your lawyer can argue since he cannot change immigration law or its requirements to suit an individual's needs.

[NikLR 13,232]

You are over 18.  I'm not sure citizenship is a route for you.  

 

[Boiler 46,359]

The requirements are clear, work it out for yourself or posts the dates.

[NikLR 13,232]

3 minutes ago, Going through said:

Your mother would have had to hold US citizenship, AND physically resided in the US for a period of no less than 5 years once becoming a US citizen.

 

The time spent living in the US as a LPR (or otherwise) is irrelevant.

 

From what you've said, she resided in the US for only 2 years after becoming a US citizen.  

 

No, this is not something your lawyer can argue since he cannot change immigration law or its requirements to suit an individual's needs.

Actually LPR status does count towards physical presence.

 

C. Physical Presence of the U.S. Citizen Parent or Grandparent ^[7]

 

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.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html#S-C

 

but the OP is 28.  I dont see anywhere that they can claim citizenship after 18.  Normally the USC parent can get a CRBA, but after 18, that person is an adult. 

[NikLR 13,232]

But this embassy website says you can? https://mh.usembassy.gov/u-s-citizen-services/derivative-u-s-citizenship-for-adults/

So you can try if you want.  

[jan22 3,070]

As long as your mother was physically present (LPR, citizen, work or student or see ome other vIsa, illegally -- i.e., in any capacity) for the required amount of time (5 years total, 2 of which were after she was 14) AND was a US citizen at your birth, she will have transmitted her US citizenship to you.  You need to take documenation of her physical presence in the US, proof of when she acquired her US citizenship, and your birth certificate documenting your relationship to her, your identification, the completed passport application and fee, and apply for a US passport at the US consulate nearest to your home.  They will review the information and make the determination of your acquisition of US citizenship -- or not, although from what you have written it seems clear that you acquired US citizenship at birth.

 

No lawyer is needed, as there is nothing to argue.  You either acquired US citizenship at birth --  and have been one for 28 years, albeit unknowingly -- or not.  

Edited May 12, 2018 by jan22

[Liam2021 587]

You are over 21, so getting citizenship through parents is not acceptable.

[jyaku 138]

To the OP.. Did your mom ever go to the embassy and report the birth abroad?

 

If she did, you're already a US citizen.

 

That 1 visit would have saved you so much headache if she ever did it.