19yo Son of USC

[Solano 3]

My nephew's son is now 19yo. He was born in Germany. My nephew is a USC and now lives in the US. To file: Does he need the I-130 and I-131 only?

Parents never married. Nephew's son is in US as a visitor for 90 days and wants to legalize status. Does he have to leave while documents are in process?

Your help is appreciated.

[Mike E 11,732]

27 minutes ago, Solano said:

My nephew's son is now 19yo. He was born in Germany. My nephew is a USC and now lives in the US.

1. Where was your nephew born?

 

2. Was your nephew married to his son’s mother?

 

 

27 minutes ago, Solano said:

To file: Does he need the I-130 and I-131 only?

Parents never married. Nephew's son is in US as a visitor for 90 days and wants to legalize status. Does he have to leave while documents are in process?

Your help is appreciated.

3. Does your nephew’s son want to work immediately or is he willing to wait a year  while his father supports him financially?

[Solano 3]

Nephew is a USC since early 80's. His son was born in Germany while nephew lived there. Nephew was never married to his son's mom.

[Mike E 11,732]

34 minutes ago, Solano said:

Nephew is a USC since early 80's. His son was born in Germany while nephew lived there. Nephew was never married to his son's mom.

1. Did your nephew have 5 years of physical presence in the U.S. before his son was born?

 

2. Did he claim paternity in writing before his son reached age 18?

 

3. Did he promise to provide financial support before his son reached age 18?

 

4. Since your nephew’s son is in the U.S. now, does want to work immediately or is he willing to wait a year  while his father supports him financially?

[Solano 3]

1. Yes.

2. Yes. 

3. Yes.

4. Nephew's son is willing to wait to work until he gets his documents (social security and green card).

 

Thank you Mike.

[Mike E 11,732]

29 minutes ago, Solano said:

1. Yes.

2. Yes. 

3. Yes.

4. Nephew's son is willing to wait to work until he gets his documents (social security and green card).

 

Thank you Mike.

Of the 5 or more years he was physically present in the USA, where at least 2 of those years both:

 

1.  after your nephew  we reached his 14th birthday, and

 

2. before his son was born

 

?

 

 

[Chancy 6,239]

2 hours ago, Solano said:

My nephew's son is now 19yo.

 

Your nephew's son could actually be a US citizen already, depending on the answers to @Mike E's questions above and whether your nephew has documentation evidencing his years of US physical presence before the birth of his son.

 

[Solano 3]

Hi Mike.

Sorry for the delayed response.

Yes. My nephew was living in the US for more than 14 years before he traveled to Germany and had this child.

[Mike E 11,732]

1 hour ago, Solano said:

Hi Mike.

Sorry for the delayed response.

Yes. My nephew was living in the US for more than 14 years before he traveled to Germany and had this child.

Then I-130 is likely a waste of time, if we assume (big assumption as the counter examples for this situation are more than I can count) the State Department and USCIS are competent.

 

Your nephew's son is a U.S. citizen. A natural born U.S. citizen.

 

Your nephew's son should file for a U.S. passport and passport card now.

[Solano 3]

Mike. This is an excellent news. Just to make sure, my nephew came to the US on December 1982, became a US Citizen on April 2, 1991 and traveled to Germany on September of 1996. My nephew's child is now 19 years old.

If this is the case, I am sure he needs to submit certain documents to the U.S. Department of State for his passport. Will that be the translated Birth Certificate?

Thanks again for your help.

[Mike E 11,732]

19 minutes ago, Solano said:

Mike. This is an excellent news. Just to make sure, my nephew came to the US on December 1982, became a US Citizen on April 2, 1991 and traveled to Germany on September of 1996.

I see 5 years physical presence there, but to “make sure”, you’ve yet to provide  certainty on 2 years of physical  presence after age 14 and before his son was born. 
 

Quote

 

My nephew's child is now 19 years old.

If this is the case, I am sure he needs to submit certain documents to the U.S. Department of State for his passport.

yes.  

Quote

 

Will that be the translated Birth Certificate?

Thanks again for your help.

Father’s Naturalization certificate 

birth certificate 

Evidence of physical presence of father (social security records are often accepted) 

Evidence of legitimation:

* father in writing acknowledged paternity of son before son reached age 18

* father in writing agreed to provide financial support for his son before son reached age 18

 

All documents not in English must be translated 

 

Edited October 28, 2022 by Mike E

[Solano 3]

to “make sure” you’ve provided no certainty on 2 years of judicial presence after age 14 and before his son was born. 

I am trying to understand this part Mike. Help me, please.

[Mike E 11,732]

10 minutes ago, Solano said:

to “make sure” you’ve provided no certainty on 2 years of judicial presence after age 14 and before his son was born. 

I am trying to understand this part Mike. Help me, please.

You provided rough dates that make it clear your nephew had at least  5 years of physical presence before his son was born.  
 

You did not  provide rough dates that make it clear (to me) that your new nephew  had at least 2 years of physical presence after age 14 and before his son was born. 
 

Now if you are sure that’s fine. But I inferred  when you wrote:

 

“Just to make sure”

that you wanted me to confirm. And I cannot do so with the information you’ve provided. 

Edited October 28, 2022 by Mike E

[Solano 3]

Thank you Mike and Chancy.