Is my child a US citizen?

[kubda89 10]

This is for a friend..

 

He came to live in the US in 2010, while acquiring US citizenship in 2016. Child was born overseas in 2014. I know about the residence for 5 years rule, but I don't know if it matters if you were a citizen before/after child's birth, or how many of those years would count, etc. Could someone point me in the right direction?

 

If child is not a US citizen, what method would be best to bring them to live in the US?

 

Thanks all!!

[SusieQQQ 11,586]

No, he has to have been a citizen before the child was born so the residence period isn’t even important for this case.

If he sponsors an immigrant visa/green card for the child and the child comes to live with him (in his legal custody too*) on his green card before the child turns 18, then the child will automatically become a citizen (INA320/child citizenship act).  So his first step is to file an i130.

 

 

*joint or sole custody counts here but if the parents are not married (where custody is presumed) then he needs to show a legal document proving custody for this. Note the standard for citizenship is stronger than what is needed for granting an immigrant visa, where often just the other parents permission is fine.  Alternatively the child can apply in his/her own right after they turn 18 and have been here on a green card for at least 5 years. Is the mother amenable to the child moving?

Edited July 23, 2022 by SusieQQQ

[kubda89 10]

Thank you Susie, so essentially he has to file the i130, wait the 1-2 years to get his case/interview approved for his child to come over, then apply for citizenship?

[SusieQQQ 11,586]

19 minutes ago, kubda89 said:

Thank you Susie, so essentially he has to file the i130, wait the 1-2 years to get his case/interview approved for his child to come over, then apply for citizenship?

If the child arrives to live with his USC parent on a green card before s/he is 18, then the child automatically becomes a citizen - no need to apply for citizenship - they can just apply for a passport and/or an N600 to prove it. If the child arrives after age 18, then the child will need to go through the usual 5 years residence + N400 application to apply for citizenship. But if the child was born in 2014, assuming he doesn’t wait years to file, the child should get here well before turning 18.

 

See this chapter of the uscis manual for more info 

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

[SusieQQQ 11,586]

Also note he does not need to provide an i864 for a child under 18, because of the automatic acquisition of citizenship. 

[EmilyW 1,341]

Would a DNA test to prove paternity be required for this type of circumstance?

[SusieQQQ 11,586]

5 hours ago, EmilyW said:

Would a DNA test to prove paternity be required for this type of circumstance?

I have never heard of any instance in which DNA is required by DoS. In fact they are always careful to emphasize it’s voluntary when part of a suggested packet of evidence, and that in turn only gets asked if there are issues with the birth certificate. As long as the father’s name is on the birth certificate and it was issued within a year of birth, that would normally be accepted as being enough proof.

[TBoneTX 44,792]

Multiple hijack posts have been split from this thread into a new thread in this forum:

"Apply for Citizenship Now, or Wait for Green Card?  [split topic]"

 

===> Someone responded during the splitting process; that poster may repost in the newly split thread.

Edited July 24, 2022 by TBoneTX