Proof of Physical Residence as a Baby

[Mike E 11,739]

19 minutes ago, iCodeClean said:

Hi again!

 

After some research, I’ve found out that it can be quite cumbersome to find some proof. On the other hand, I’ve found something which would be much more easy for us.

 

https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.322_12

This says the following:

 

 

The father of my wife always lived and still lives in the US. If I understand it correctly, that should be sufficient enough as proof right?

You need to read the rest of it:

 

”

(4) The child currently is residing outside the United States in the legal and physical custody of the United States citizen parent; and 

 

(5) The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status in the United States.”

 

You would file N-600K which takes a year. 
 

The child would also need a B-1 or B-2 visa to visit the USA to attend the N-600K interview.  Alas due to the pandemic routine processing of B visas is not happening at most embassies.  
 

Finally this is for children who

 

* are not already US citizens.  Your child is a citizen.  
 

* reside outside the USA and do not plan to live in the USA.  
 

The I-130 is better alternative except that your child is a citizen.  
 

It is a catch 22.  Too much of a citizen to get an immigration visa.  Too little of a citizen to get a US passport.  

My suggestion was dissed but I will reiterate it: go to the office of the  pediatrician  who treated  the US citizen parent.  Even if the records were destroyed (there are a few states where the medical records do not have to be destroyed) possibly the original pediatrician is still there or is still alive and would attest to treating the citizen. Or there are (former) staff who remember the patient.  

Edited August 12, 2021 by Mike E

[iCodeClean 20]

15 minutes ago, Mike E said:

 

(5) The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status in the United States.

Hi Mike,

 

thank you for your quick answer. This is my first time doing this and you have so much (also different) information on different official pages. Unfortunately the father doesn’t remember the pediatrician, so that’s the first problem.

 

I didn’t know what (5) exactly meant to be honest. I guessed that before the process can be completed, we will have to live in the U.S.

 

Quote

Finally this is for children who

 

* are not already US citizens.  Your child is a citizen.  
 

* reside outside the USA and do not plan to live in the USA.  

This is hard to understand. In theory, our son is a US citizen. But if we can’t prove it, he is not a US citizen. So from a logical thinking perspective, he is not a US citizen until proven. We reside outside of the USA but of course plan to move there.

 

I guess I’ll have to do some more research then, and if we can’t find more proof of my wife herself being there, I’ll have to file the I-130. Thank you for explaining, Mike.

 

[iCodeClean 20]

I’ve just thought about it, it doesn’t make any difference if we can proof it from my wife or her father, if I’m correct, since the other points like 

 

Quote

(5) The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status in the United States.

 

 would still apply. 

[Mike E 11,739]

26 minutes ago, iCodeClean said:

Hi Mike,

 

thank you for your quick answer. This is my first time doing this and you have so much (also different) information on different official pages. Unfortunately the father doesn’t remember the pediatrician, so that’s the first problem.

 

I didn’t know what (5) exactly meant to be honest. I guessed that before the process can be completed, we will have to live in the U.S.

 

This is hard to understand. In theory, our son is a US citizen. But if we can’t prove it, he is not a US citizen. So from a logical thinking perspective, he is not a US citizen until proven. We reside outside of the USA but of course plan to move there.

 

I guess I’ll have to do some more research then, and if we can’t find more proof of my wife herself being there, I’ll have to file the I-130. Thank you for explaining, Mike.

 

Think of it this way. Let’s say your son was in the USA somehow and was placed in removal proceedings.   Your son tells the court “I am a US citizen”. What I have observed in these cases is that DHS is pretty much stuck because  they cannot prove the claimant is not a US citizen.  
 

And indeed I’ve even come across  cases whether the claimant walks between Mexico and the USA with impunity and CBP grumbles about it, but admits the claimant.  
 

But the State department won’t issue such people passports and USCIS won’t issue them certificate of citizenships.  
 

To me if there is evidence that both parents of the citizen were in the USA for an uninterrupted period of 365/366 days while citizen was an infant, then that is proof beyond a reasonable doubt that the citizen was also in the USA at that time because generally both parents would not send an infant child outside the USA while they stayed in the USA.  
 

So that’s the next angle to try.  
 

You can and should try the I-130, but I would not be surprised if USCIS or State denies it.  And I would not be surprised if CBP admits your son as a US citizen and cancels and refuses to endorse the immigration visa.   
 

Of course if your son is admitted as an immigrant, your son will immediately be a US citizen and you should spare no expense to get him a passport, passport card and certificate of citizenship.  

Edited August 12, 2021 by Mike E

[Mike E 11,739]

1 minute ago, iCodeClean said:

I’ve just thought about it, it doesn’t make any difference if we can proof it from my wife or her father, if I’m correct, since the other points like 

 

 

 would still apply. 

Again, B1/B2 non emergency visas aren’t being granted for the most part.  And you intend for your son to    reside in the USA. 
 

Even B visa were being issued.  because your son is a US citizen there is no assurance the embassy will give him a visa.  

[Mike E 11,739]

@iCodeClean you didn’t mention this explicitly afaict but does your son hold a German passport?

[iCodeClean 20]

Thank you once again for your thoughtful answer, Mike. 

 

I will probably try the I-130, only thing is that the possibility to lose $535 is very high.

 

11 minutes ago, Mike E said:

Again, B1/B2 non emergency visas aren’t being granted for the most part.  And you intend for your son to    reside in the USA. 
 

Even B visa were being issued.  because your son is a US citizen there is no assurance the embassy will give him a visa.  

 

I’ve understood the thing with the B Visas. The thing is, there is no difference even if we can prove that my wife was there for at least 365 days. We would still have to go the same way. We would still have to apply for the B Visa. The proof with the grandfather being in the US for at least 5 years, is just an alternative to my wife’s proof. The other points still apply.

 

So there really is no other option besides the I-130, as far as I can see it.

 

 

 

[iCodeClean 20]

7 minutes ago, Mike E said:

@iCodeClean you didn’t mention this explicitly afaict but does your son hold a German passport?

Yes he does have a German passport. We just came back from a family visit in California, and therefore he needed a passport, so we just recently made it.

 

The customs border protection even asked us, why our son doesn’t also have the US citizenship and told us that we should apply for it.

Edited August 12, 2021 by iCodeClean

[Mike E 11,739]

26 minutes ago, iCodeClean said:

Yes he does have a German passport. We just came back from a family visit in California, and therefore he needed a passport, so we just recently made it.

 

cool.  
 

26 minutes ago, iCodeClean said:

 

The customs border protection even asked us, why our son doesn’t also have the US citizenship and told us that we should apply for it.

cops have a sixth sense.  
 

So since your son has an ESTA, then that opens an option if his immigration visa is denied: he just boards a flight  to USA on his German passport, and he tells CBP he is a citizen.  

[iCodeClean 20]

13 minutes ago, Mike E said:

 

cool.  
 

cops have a sixth sense.  
 

So since your son has an ESTA, then that opens an option if his immigration visa is denied: he just boards a flight  to USA on his German passport, and he tells CBP he is a citizen.  

Ok I hear ya, but what will they do then?

 

Also, won’t it be possible to go with the ESTA instead of a B Visa to the US in case for the N600K interview?

Edited August 12, 2021 by iCodeClean

[Mike E 11,739]

5 minutes ago, iCodeClean said:

Ok I hear ya, but what will they do then?

 

Admit him as a citizen or admit him as a German. 
 

5 minutes ago, iCodeClean said:

 

Also, won’t it be possible to go with the ESTA instead of a B Visa to the US in case for the N600K interview?

n600-K interview just requires a temporary non immigrant status. Entering on an ESTA is a temporary non immigrant status.  

[iCodeClean 20]

Alright, thank you again for your replies Mike! You don’t know how much you’ve helped me already.

 

I didn’t know before about n600-K for example, so after I knew I could do some research. 

 

Also thank you for all of your patience with all of my questions

[HRQX 4,145]

On 8/12/2021 at 2:45 PM, Mike E said:

n600-K interview just requires a temporary non immigrant status. Entering on an ESTA is a temporary non immigrant status.  

A child can do expeditious naturalization pursuant to INA 322 as a VWP visitor (CBP admits the child in WT status). https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5 "The child is required to be lawfully admitted to United States, in any status, and be physically present in the United States"

On 8/12/2021 at 2:37 PM, iCodeClean said:

Also, won’t it be possible to go with the ESTA instead of a B Visa to the US in case for the N600K interview?

Yes, an ESTA can be used instead of a B for that purpose.

Edited August 16, 2021 by HRQX

[Mike E 11,739]

52 minutes ago, HRQX said:

That is incorrect. A child can definitely do expeditious naturalization pursuant to INA 322 as a VWP visitor (CBP admits the child in WT status). https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5 "The child is required to be lawfully admitted to United States, in any status, and be physically present in the United States"

Yes, an ESTA can be used instead of a B for that purpose.

All ESTA visits are VWP visitors.  
 

Not all VWP visitors are ESTA visitors.  
 

VWP visitors have a temporary non immigrant status.  
 

 

 

 

[iCodeClean 20]

8 hours ago, HRQX said:

Yes, an ESTA can be used instead of a B for that purpose.

Thank you, for the straight and forward answer!

 

8 hours ago, HRQX said:

A child can do expeditious naturalization pursuant to INA 322 as a VWP visitor…

Does that mean that we can get it sooner that the regular processing time of 9-14 months?