Jump to content

22 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Kenya
Timeline
Posted

Has anyone else been in this situation?

 

 

I have my oath ceremony scheduled. My children who were under my petition have never gotten their green cards (although our I-751 was waived and the officer interviewing me for my naturalization said they would mail the kids GC. This was back in June. The kids are over 18 and I thought they are not eligible for naturalization for another two years. After waiting a month with no cards, I called the USCIS and they forwarded the kids case back to the field office (Kansas City). This morning, I got the email below for all the three kids saying they won't get green cards because oath ceremony had been scheduled. I had gotten the same message earlier for my own I-751 when my oath ceremony was scheduled but I am very confused by this new status for the kids.
 

WhatsApp Image 2023-07-28 at 11.17.45 AM.jpeg

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

How old were your kids when you naturalized?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
  On 7/28/2023 at 7:17 PM, OldUser said:

Looks like the OP hasn't naturalized yet!

Expand  

 

Aaa I missed that. 

 

Well, in that case, those kids petition are mute. They only, automatically, became citizens if mom naturalized before kids turn 18. 

 

So @Lyz they'll have to do their own N400 application when they are eligible. We can help you figure this out if you tell us how long they've been in the US. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: K-1 Visa Country: Kenya
Timeline
Posted (edited)

The kids and I have been in the US for slightly over four years but our first GC was issued in March 2020. The kids are 23,22 and son just turned 18.

  On 7/28/2023 at 7:16 PM, Timona said:

How old were your kids when you naturalized?

Expand  

I haven't naturalized yet. Oath is scheduled

Edited by Lyz
Filed: K-1 Visa Country: Kenya
Timeline
Posted
  On 7/28/2023 at 7:22 PM, Timona said:

 

Aaa I missed that. 

 

Well, in that case, those kids petition are mute. They only, automatically, became citizens if mom naturalized before kids turn 18. 

 

So @Lyz they'll have to do their own N400 application when they are eligible. We can help you figure this out if you tell us how long they've been in the US. 

Expand  

The kids and I have been in the US for slightly over four years but our first GC was issued in March 2020. The kids are 23,22 and son just turned 18.

Posted

This is very confusing situation to be in @Lyz

I think USCIS is made a mistake arranging their oath ceremony.

I'd consult with a lawyer, but it looks like your kids may be granted citizenship in error. That's a bad thing to happen. You probably need to clarify this with USCIS and let them know your kids aren't eligible for naturalization yet and require their green cards!

Filed: K-1 Visa Country: Kenya
Timeline
Posted
  On 7/28/2023 at 7:27 PM, OldUser said:

This is very confusing situation to be in @Lyz

I think USCIS is made a mistake arranging their oath ceremony.

I'd consult with a lawyer, but it looks like your kids may be granted citizenship in error. That's a bad thing to happen. You probably need to clarify this with USCIS and let them know your kids aren't eligible for naturalization yet and require their green cards!

Expand  

Yes. That's exactly what I thought. I wouldn't want them to take an oath unless I am sure of it. I have consulted the USCIS and I am waiting for their reply. Hopefully this will be sorted out soon

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

That can't be USC with you. Don't be quiet about it (Kenyan style) because if they naturalize in error, they'll come to regret it down the road. They're already at the 4 year mark. So, 5 years, as explained below, is in sight. 

 

They'll leave to file their own N400 after 5 years of LPR. 

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: K-1 Visa Country: Kenya
Timeline
Posted
  On 7/28/2023 at 7:47 PM, Timona said:

That can't be USC with you. Don't be quiet about it (Kenyan style) because if they naturalize in error, they'll come to regret it down the road. They're already at the 4 year mark. So, 5 years, as explained below, is in sight. 

 

They'll leave to file their own N400 after 5 years of LPR. 

 

Expand  

That's what I figured. Can't keep quiet. I have learned this is not Kenya and I should speak up. The tier 1 officer I talked to was saying that my son has automatically qualified coz I applied when he was under 18 but I actually don't think that is right. I think he should have been under 18 by the time I naturalize. Thank you fellow Kenyan (just seeing your status now).

Posted
  On 7/28/2023 at 8:45 PM, Lyz said:

I think he should have been under 18 by the time I naturalize. Thank you fellow Kenyan (just seeing your status now).

Expand  

That's what my understanding is also.

Either this is error due to incompetence of somebody at USCIS or dirty tactic to complicate your son's immigration path.

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
  On 7/28/2023 at 8:48 PM, OldUser said:

That's what my understanding is also.

Either this is error due to incompetence of somebody at USCIS or dirty tactic to complicate your son's immigration path.

Expand  

My money is on both.
 

The kids can attend the oath ceremony to try to straighten it out, as long as they understand they must not give up their GCs or take oath of citizenship. If there is any doubt about resolve, stay home.

Edited by Mike E
Filed: K-1 Visa Country: Kenya
Timeline
Posted
  On 7/28/2023 at 8:58 PM, Mike E said:

My money is on both.
 

The kids can attend the oath ceremony to try to straighten it out, as long as they understand they must not give up their GCs or take oath of citizenship. If there is any doubt about resolve, stay home.

Expand  

I have contacted the USCIS and waiting to hear what they will say

Posted
  On 7/29/2023 at 10:28 AM, mochon said:

Are you married to an USC and is he their biological father? 

Expand  

If this was the case the children either: - Would be US citizens already and won't need the oath

- Or still need to file N-400 (which they didn't) if their father naturalized after their birth and or didn't spend enough time in the US etc.

 

I think neither makes sense.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...