12 YEAR OLD CHILD OF US CITIZEN FATHER WANTS TO VISIT THE US

[Crazy Cat 41,982]

2 minutes ago, Mike E said:

Because a B-2 visa is unlikely to be issued and the I-130 / DS-260 route is for the sole purpose of getting instant US citizenship for the child.
 

The child would get citizenship the instant   the child entered the USA on an immigration visa and the father picked the child up from the airport.  The child would then be free to go back and forth between the two countries and live in the Philippines if that’s what the mother wants.  

OK.  Thanks.  That makes sense.

[Truth_Seeker 14]

14 hours ago, fytingspirit said:

Hi Everyone,

My brother has a 12 year old child out of wedlock in the Philippines and the child wants to visit us here in the US for the first time. The child currently lives with the mother and would just want to visit and not be petitioned or to live permanently here. Mother has no B1/B2 visa. My brother left for the US when the child was 3 years old but has not gone back to the Philippines since then although he supported the child financially and they constantly communicated. Would it be possible for the child's US citizen father to accompany on a B2 tourist visa application in the Philippines and the child be approved? Any insights, recommendations, or advice is greatly appreciated. Thank you!

No, the child is a U.S. Citizen.  The father should simply have his citizenship recognized and the boy will need to go the consulate to get a passport.  U.S. Citizens can not get VISA's for the U.S.  If he wants a VISA, he will have to renounce his citizenship and pay over 2k for the pleasure.  

[Chancy 6,241]

2 minutes ago, Truth_Seeker said:

No, the child is a U.S. Citizen.  The father should simply have his citizenship recognized and the boy will need to go the consulate to get a passport.  U.S. Citizens can not get VISA's for the U.S.

 

The child is not a USC.  OP already stated that the father does not have the required years of US physical presence to be qualified to pass US citizenship to his child.

 

[Ontarkie 14,282]

~~Move to Tourist Visas, from Bringing Family of USC - as the OP is asking about the child visiting.~~

[jan22 3,056]

16 hours ago, Mike E said:

Because a B-2 visa is unlikely to be issued and the I-130 / DS-260 route is for the sole purpose of getting instant US citizenship for the child.
 

The child would get citizenship the instant   the child entered the USA on an immigration visa and the father picked the child up from the airport.  The child would then be free to go back and forth between the two countries and live in the Philippines if that’s what the mother wants.  

May not be quite as easy as this any more.  The Child Citizenship Act requires not only an entrance into the US as a legal resident but also the intent to reside in the US.  And, like the N-600K, it requires that the child be in the Iegal and physical custody of the US citizen parent.  They used to be sonewhat relaxed about this, but have gotten more serious about it in the past few years --  the passport application documentation required now includes evidence that the child is actually residing in the US in the legal and physical custody of the US citizen parent, not just visiting.  See the "How Does the Child Get a Passport..." section at:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

 

If there is no intention for the child to remain permanently in the US, per State Department and USCIS, the proper procedure is to apply for a certificate of citizenship under Section 322 of tbe INA, using the grandparent's physical presence to meet that requirement if the parent doesn't.  As part of the process, the child would be required to be legally admitted into the US in any status. Consulates routinely issue B2 visas for this, as long as it is clear the child will return home after the interview.  But the problem here is that this section assumes the child is living with, and intends to continue living with, the US citizen parent outside the US, not just with the non-citizen parent.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

So, either pathway has the issue of the child living in the legal and physical custody of the US citizen parent.  The N-600K process would likely be terminated quickly when it is evident that the US citizen parent does not reside outside the US.  The I-130 would more likely be approved, and tbe immigrant visa issued, but might not result in immediate citizenship.  But, that's okay, since that doesn't seem to be the driving force at the moment.  Until the child turns at least 18, there is no chance he would lose the green card if all he did was visit the US because where he lives is obviously beyond his control -- it's a decision of the parents.  

 

But, there is no downside (other than maybe losing the $160 fee and the current wait time for an interview -- currently 399 days in Manila) to applying for a B2 visa.  May or may not be issued, but it's seems to clearly be the right visa for the scenario.  One parent can accompany the minor child to the interview.  If it's the US citizen father, he should take written authorization for both obtaining the visa and travelling on a visit to the US with him to the visa interview.

Edited August 10, 2022 by jan22

[Mike E 11,741]

12 minutes ago, jan22 said:

May not be quite as easy as this any more.  The Child Citizenship Act requires not only an entrance into the US as a legal resident but also the intent to reside in the US  

The entire act is a quick read, 

 

https://www.congress.gov/bill/106th-congress/house-bill/2883/text and I find no basis for your assertion. 
 

As for your N-600K rabbit hole, I never suggested it, and it is obvious that N-600K does not apply in this case. 

Edited August 10, 2022 by Mike E

[Family 4,026]

2 hours ago, Mike E said:

2 hours ago, jan22 said:

May not be quite as easy as this any more.  The Child Citizenship Act requires not only an entrance into the US as a legal resident but also the intent to reside in the US  

The entire act is a quick read, 

 

https://www.congress.gov/bill/106th-congress/house-bill/2883/text and I find no basis for your assertion. 
 

As for your N-600K rabbit hole, I never suggested it, and it is obvious that N-600K does not apply in this case. 

Edited 1 hour ago by Mike

Sec 320 (a)(3) for the “ residing ,  legal/ physical custody requirement “ read and the passport requirements quoted by @jan22 makes me think it will not be a quick “visit “ to see dad and back to mom w US passport….

as proving “legal custody “ for US Citizen Dad will require some family court filing , easiest I see is if mom agrees , he files a Petition to establish paternity in US court and mom agrees. 
 

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;

 

https://www.congress.gov/bill/106th-congress/house-bill/2883/text

Sec. 320. (a) A child born outside of the United States 
automatically becomes a citizen of the United States when all of the 
following conditions have been fulfilled:
            ``(1) At least one parent of the child is a citizen of the 
        United States, whether by birth or naturalization.
            ``(2) The child is under the age of eighteen years.
            ``(3) The child is residing in the United States in the 
        legal and physical custody of the citizen parent pursuant to a 
        lawful admission for permanent residence.

[Palawan 131]

On 8/9/2022 at 2:02 AM, fytingspirit said:

Hi Everyone,

My brother has a 12 year old child out of wedlock in the Philippines and the child wants to visit us here in the US for the first time. The child currently lives with the mother and would just want to visit and not be petitioned or to live permanently here. Mother has no B1/B2 visa. My brother left for the US when the child was 3 years old but has not gone back to the Philippines since then although he supported the child financially and they constantly communicated. Would it be possible for the child's US citizen father to accompany on a B2 tourist visa application in the Philippines and the child be approved? Any insights, recommendations, or advice is greatly appreciated. Thank you!

Pay the $160 and go to US Embassy In Manila for the denial at the interview, it only takes a few seconds.

[Mike E 11,741]

2 hours ago, Family said:

Sec 320 (a)(3) for the “ residing ,  legal/ physical custody requirement “ read and the passport requirements quoted by @jan22 makes me think it will not be a quick “visit “ to see dad and back to mom w US passport….

as proving “legal custody “ for US Citizen Dad will require some family court filing , easiest I see is if mom agrees , he files a Petition to establish paternity in US court and mom agrees. 
 

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;

 

https://www.congress.gov/bill/106th-congress/house-bill/2883/text

Sec. 320. (a) A child born outside of the United States 
automatically becomes a citizen of the United States when all of the 
following conditions have been fulfilled:
            ``(1) At least one parent of the child is a citizen of the 
        United States, whether by birth or naturalization.
            ``(2) The child is under the age of eighteen years.
            ``(3) The child is residing in the United States in the 
        legal and physical custody of the citizen parent pursuant to a 
        lawful admission for permanent residence.

Again the Act says nothing about future intent to reside.  It is written in present tense.