How does a 16 y.o. child of citizen in US on ESTA get citizenship from father living in the US

[Lulu Shaw 0]

Thanks for all the answers in this forum.  Very helpful. 

[HRQX 4,145]

7 hours ago, SusieQQQ said:

There is a different way to do it for children living abroad, I am not entirely familiar with how that works.

Wouldn't be applicable in this case: "The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased" https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

Not all parents meet US minimum physical presence requirement (but I assume the father in this case does meet this requirement). For example, those that enter with IR-1 and naturalize under 3-year rule might not meet that requirement right after naturalization. http://myattorneyusa.com/section-322-naturalization-for-children-born-and-residing-outside-of-us-includes-usc-grandparent "Under section 322(a)(2)(A), the U.S. citizen parent may meet the requirement by having been physically present in the United States or its outlying possessions for total of at least five years (need not be consecutive), and at least two of those years of physical presence must have transpired after the parent turned 14." "It is important to note that the citizenship and physical presence requirements may be satisfied prior to the child's eighteenth birthday and need not have occurred prior to the child's birth. For example, see a legacy Immigration and Naturalization Service (INS) letter on the prior and similar version of section 322. Reported in 73 No. 4 Interpreter Releases 115 (Jan. 22, 1996) (“the parent or grandparent may meet the physical presence requirements anytime prior to the child's 18th birthday.”)"

 

And N-600K interview and oath combo must occur before the child turns 18.

Edited September 2, 2020 by HRQX