After IR-2 visa approved

[MMarco 6]

Hi,

I'm US citizen, my son overseas just get his IR-2 visa approved in Mar 2022, he will turn he's 18 years in Jul 2nd 2022, however his final exam at the high school will completed by the end of Jul 2022

please advice

-should he enters to US before he turn the age of 18 years, or he can enter any time of the visa validation  "within the 6 months from Mar 2022"?

-what is the case if enter after he turn 18 years ( to finish his high school ) is that will effect his green card and/or his citizenship?

-what is the case  if enter before he turn 18 years ( as I'm confused  between the N600 and the US passport)?

Thanks

 

 

[Mike E 11,739]

Assuming you have physical and legal custody of him, he should enter the USA before he turns age 18 so that he is automatically a USA citizen.  If he waits until after age 18, he can file N-400 in 2027.
 

File N-600 after he successfully gets a U.S. passport and U.S. passport card.  You get just one chance at an N-600.  

[Timona 4,207]

My opinion? Make a round trip on a weekend and take advantage of the automatic citizenship that he can get if he enters under 18 years and save $$ and USCIS headaches down the road. Trust me, if you have an opportunity like this to strike many USCIS birds with same stone, take it. 

 

When he comes, he gets a stamp on PP that serves as a temporary GC for 1 year. He can leave and go back to take care of his studies. The benefits of this are as I explained above.

[Mike E 11,739]

Btw he needs to register with sss.gov before he reaches age 26.  

[MMarco 6]

On 3/13/2022 at 11:03 PM, Mike E said:

Assuming you have physical and legal custody of him, he should enter the USA before he turns age 18 so that he is automatically a USA citizen.  If he waits until after age 18, he can file N-400 in 2027.
 

File N-600 after he successfully gets a U.S. passport and U.S. passport card.  You get just one chance at an N-600.  

thanks

1. as he's over 17 no need to legal custody, that what I understand (correct me if I'm wrong please.)

2. but for his younger brother (he is 11 years old) I do not have a legal custody,

the kids mother and myself were married in the time we have the kids and after divorce never been in court,

the kids leaving with my mother  for over 6 years

 please adv..

 

 

 

 

 

the kids mother and myself) never been in court, but kids leaving with my mother Fatma for over 7 years

 

[MMarco 6]

On 3/14/2022 at 3:47 AM, Timona said:

My opinion? Make a round trip on a weekend and take advantage of the automatic citizenship that he can get if he enters under 18 years and save $$ and USCIS headaches down the road. Trust me, if you have an opportunity like this to strike many USCIS birds with same stone, take it. 

 

When he comes, he gets a stamp on PP that serves as a temporary GC for 1 year. He can leave and go back to take care of his studies. The benefits of this are as I explained above.

I like that

thanks 

but what you think regarding the  "legal custody" issue ?

[Timona 4,207]

35 minutes ago, MMarco said:

I like that

thanks 

but what you think regarding the  "legal custody" issue ?

 

Just talk it out and assure wife it's round trip. Show her tickets. You can even sign a paper to hold your word true

[Mike E 11,739]

42 minutes ago, MMarco said:

thanks

1. as he's over 17 no need to legal custody, that what I understand (correct me if I'm wrong please.)

I believe that is wrong sorry. What makes you think you don’t need legal custody to transmit citizenship?

Quote

2. but for his younger brother (he is 11 years old) I do not have a legal custody,

the kids mother and myself were married in the time we have the kids and after divorce never been in court,

the kids leaving with my mother  for over 6 years

 please adv..

 

 

 

 

 

the kids mother and myself) never been in court, but kids leaving with my mother Fatma for over 7 years

 

Then the younger one won’t be usa citizen either. 
 

Both can apply to become  citizens at age 23 if they are still LPRs.  

Edited March 16, 2022 by Mike E

[MMarco 6]

29 minutes ago, Mike E said:

I believe that is wrong sorry. What makes you think you don’t need legal custody to transmit citizenship?

Then the younger one won’t be usa citizen either. 
 

Both can apply to become  citizens at age 23 if they are still LPRs.  

don't be sorry thank you for correcting my wrong thought, so how we can fix that, is there any way to get the legal custody? 

[MMarco 6]

37 minutes ago, Timona said:

 

Just talk it out and assure wife it's round trip. Show her tickets. You can even sign a paper to hold your word true

I'll try to do that, but what is the required document to avoid losing the citizenship for them as under 18

and is it just between my an her or it should legal document from the court?

[Mike E 11,739]

18 minutes ago, MMarco said:

don't be sorry thank you for correcting my wrong thought, so how we can fix that, is there any way to get the legal custody? 

1. You can marry the mother.

 

2. A court that has jurisdiction needs to issue an order giving you full or joint custody.  If the mother is cooperative this helps.  
 

 

[MMarco 6]

4 minutes ago, Mike E said:

1. You can marry the mother. 
 

 

not an option

[Timona 4,207]

19 minutes ago, MMarco said:

I'll try to do that, but what is the required document to avoid losing the citizenship for them as under 18

and is it just between my an her or it should legal document from the court?

 

Just between you two. Try and work something. 

 

No requires document to avoid losing citizenship. They just come in and it's automatic. However, they have to be under 18 when they pass the point of entry check in. I'll suggest not to wait to have them come in last minute because things happen. Latest I'll suggest is a week before he turns 18.

[MMarco 6]

5 minutes ago, Mike E said:

2. A court that has jurisdiction needs to issue an order giving you full or joint custody.  If the mother is cooperative this helps.  

will try that, but it should be order for each one or for all the kids?

[MMarco 6]

2 minutes ago, Timona said:

 

Just between you two. Try and work something. 

 

No requires document to avoid losing citizenship. They just come in and it's automatic. However, they have to be under 18 when they pass the point of entry check in. I'll suggest not to wait to have them come in last minute because things happen. Latest I'll suggest is a week before he turns 18.

will try and hope it works

thanks for being positive