Would my children (under 16yrs) who have US Green Card but live in UK be able to get US passport when I get US passport?

[OmoNaijaUK 3]

Hello Everyone,

Please, I need your advice. Would my children (under 16yrs age) who have US Green Card but live in UK be able to get US passports when I get US passport?

My three children who have US green cards live with their mother in UK while I work in the US with Green card. We have have held the green card for five years now and I am planning to apply for naturalisation very soon.

Since having the Green Card, the children have always come to US every July in order to maintain/revalidate it with 12 month rule.

So, as I am qualified to apply for US naturalisation, are the children also qualified even though they had never stayed/lived in US for more than three weeks per year during the last five years of holding the green card.

QUESTIONS
(1) Will they be able to get naturalisation with me or they also need to live in US for minimum of 2.5yrs in order to be naturalised as US citizen?

(2) Any help on the web link to processing the naturalisations/passport process or information for submitting application (as a Green Card Holder) would be appreciated.

[appleblossom 2,204]

No, they can't get citizenship from the UK. They are also risking their LPR status by only visiting once a year and having their home in the UK, I'm surprised they haven't already had issues at POE with that travel history. 

[OmoNaijaUK 3]

25 minutes ago, appleblossom said:

No, they can't get citizenship from the UK. They are also risking their LPR status by only visiting once a year and having their home in the UK, I'm surprised they haven't already had issues at POE with that travel history. 

Thank you for the reply. However, this looks ambiguous.

I have seen many people (adults) who hold US Greencard but don't live permanently in US but only comes there occasionally and such was never an issue (i.e. losing it). I know a Nobel Laurate (Wole Soyinka) who held Greencard for more than 20years but does not live in US. He only use it to go to US for lectures and speeches: https://www.theguardian.com/books/20...fter-trump-win


The condition for Greencard states that you should not leave the US more than 12 months. I know an adult friend who holds GreenCard for more than 20yrs but never lived in US but only come there for business. He recently attempted to apply for naturalisation but was told that even though he had entered US more than 60 times within the 20yrs, he had not lived up to accumulated 2.5yrs to get passport. So, two years ago, he partly relocated to US in order to spend more time in US and make up for the number of required days so as to get the passport. However, the issue of abandonment was never raised in his case.

I know adults need to live minimum of 2.5 year within 5yrs period but for children (oldest currently being 12), I am not sure which rules are applicable.

[Lemonslice 4,764]

5 minutes ago, OmoNaijaUK said:

Thank you for the reply. However, this looks ambiguous.

I have seen many people (adults) who hold US Greencard but don't live permanently in US but only comes there occasionally and such was never an issue (i.e. losing it). I know a Nobel Laurate (Wole Soyinka) who held Greencard for more than 20years but does not live in US. He only use it to go to US for lectures and speeches: https://www.theguardian.com/books/20...fter-trump-win


The condition for Greencard states that you should not leave the US more than 12 months. I know an adult friend who holds GreenCard for more than 20yrs but never lived in US but only come there for business. He recently attempted to apply for naturalisation but was told that even though he had entered US more than 60 times within the 20yrs, he had not lived up to accumulated 2.5yrs to get passport. So, two years ago, he partly relocated to US in order to spend more time in US and make up for the number of required days so as to get the passport. However, the issue of abandonment was never raised in his case.

I know adults need to live minimum of 2.5 year within 5yrs period but for children (oldest currently being 12), I am not sure which rules are applicable.

The bolded part is ONE of the conditions.  Google "Maintaining Permanent Residence" to learn more. 

 

Also, not sure that we should follow the example of people not following the rules and not getting caught.  Good for them, but not great for the ones who get caught trying to circumvent the system.  I see plenty of people speeding on the highway, not sure telling the cop I was imitating their behaviour will help me when I'm the one caught... 

 

If your children have no intention of living in the US, might be best not to burden them with lifetime tax filing.  Something to be discussed. 

 

Best of luck to you and your family.

Edited June 9 by Lemonslice

[appleblossom 2,204]

5 minutes ago, OmoNaijaUK said:

Thank you for the reply. However, this looks ambiguous.

I have seen many people (adults) who hold US Greencard but don't live permanently in US but only comes there occasionally and such was never an issue (i.e. losing it). I know a Nobel Laurate (Wole Soyinka) who held Greencard for more than 20years but does not live in US. He only use it to go to US for lectures and speeches: https://www.theguardian.com/books/20...fter-trump-win


The condition for Greencard states that you should not leave the US more than 12 months. I know an adult friend who holds GreenCard for more than 20yrs but never lived in US but only come there for business. He recently attempted to apply for naturalisation but was told that even though he had entered US more than 60 times within the 20yrs, he had not lived up to accumulated 2.5yrs to get passport. So, two years ago, he partly relocated to US in order to spend more time in US and make up for the number of required days so as to get the passport. However, the issue of abandonment was never raised in his case.

I know adults need to live minimum of 2.5 year within 5yrs period but for children (oldest currently being 12), I am not sure which rules are applicable.

 

There's no info in that article about Wole Soyinka not living in the US, but even if he didn't he may had other ties i.e. had a home in the US, bank accounts there, a US driving licence, a business there, filed tax returns there, etc. Presumably none of which your children will have. It's not just about physical time in the country. 

 

I'm also not sure what the point of getting them citizenship is if they don't even want to live in the US with their GC's? There are a lot of obligations on citizens in terms of taxes, selective service if any of your children are boys, etc, so it may be better to let them make their own minds up on that if they do decide they want to live there in the future. 

 

In any event, your children cannot get citizenship at the moment from what you've said. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

[igoyougoduke 1,641]

9 hours ago, OmoNaijaUK said:

Hello Everyone,

Please, I need your advice. Would my children (under 16yrs age) who have US Green Card but live in UK be able to get US passports when I get US passport?

My three children who have US green cards live with their mother in UK while I work in the US with Green card. We have have held the green card for five years now and I am planning to apply for naturalisation very soon.

Since having the Green Card, the children have always come to US every July in order to maintain/revalidate it with 12 month rule.

So, as I am qualified to apply for US naturalisation, are the children also qualified even though they had never stayed/lived in US for more than three weeks per year during the last five years of holding the green card.

QUESTIONS
(1) Will they be able to get naturalisation with me or they also need to live in US for minimum of 2.5yrs in order to be naturalised as US citizen?

(2) Any help on the web link to processing the naturalisations/passport process or information for submitting application (as a Green Card Holder) would be appreciated.

1) NO. They will have to maintain residency in united states for the required residency. 

 

2) Google "uscis naturalization processing time" 

[Boiler 45,125]

GC and Citizen obligations are not that different.

 

And yes people sail close to the wind on this often seemingly without issues.

 

What I do not know is to what extent this will draw unnecessary attention.

[OmoNaijaUK 3]

Thanks for ALL your suggestions which are well appreciated but most of which may not be applicable.

 

However, I believe the below is applicable in my case.

 

First, I will need to apply for my own naturalisation first to get the citizenship. Then the following may apply to the kids afterwards.

 

Children of U.S. Citizens Residing Outside the United States
Children residing outside of the United States may obtain citizenship under Section 322 of the INA. A child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:

The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
The child’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;
The child is under 18 years of age;
The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization. 

 

 

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

Edited June 10 by OmoNaijaUK

[Boiler 45,125]

Yes it is that last sentence.

[R&OC 370]

We had a similar situation and hence, I am here to tell you, you are sailing very close to the wind.

 

Our exception to this all is that my children were under my husbands military orders overseas. BUT when we applied for their N-600, we ran into all sorts of issues. For one, our applications kept being returned to the bottom of the pile because USCIS assumes that N-600 candidates live in the US and not overseas. Our saving grace was that being under military orders IS counts towards living in the US.

 

It was not an easy feast, both kids waited for more than 2.5 years. We got our congressman involved and finally sued USCIS with a writ-of-mandamus. Even during our interview, the agent was hesitant but her supervisor approved it. Meaning, we had a pretty solid case but I am 100% sure, we would have seen a different result if not under military orders.

[OmoNaijaUK 3]

15 minutes ago, R&OC said:

We had a similar situation and hence, I am here to tell you, you are sailing very close to the wind.

 

Our exception to this all is that my children were under my husbands military orders overseas. BUT when we applied for their N-600, we ran into all sorts of issues. For one, our applications kept being returned to the bottom of the pile because USCIS assumes that N-600 candidates live in the US and not overseas. Our saving grace was that being under military orders IS counts towards living in the US.

 

It was not an easy feast, both kids waited for more than 2.5 years. We got our congressman involved and finally sued USCIS with a writ-of-mandamus. Even during our interview, the agent was hesitant but her supervisor approved it. Meaning, we had a pretty solid case but I am 100% sure, we would have seen a different result if not under military orders.

Thank you for the response! Well appreciated. 

[mam521 1,990]

I just did this for my children.  You have to be able to present verifiable evidence that your children are physically present in the US.  Simply having a greencard and visiting once a year is not enough.  You have to demonstrate they attend school, visit doctors, have a life and activities in the US.  

 

It makes me sad to know how many people are literally stuck in the process of trying to obtain a greencard while your children have been awarded LPR status and you are quite literally facilitating the abuse of LPR.  Please rethink citizenship for them.  They've never lived in the US and are not aware of what living in the US is like, let alone making a commitment to renounce allegiance to their home country.  Maybe the American dream is yours, but they have no idea if it's theirs.  

[powerpuff 6,528]

*** Thread moved from General Immigration discussion to US citizenship discussion as the question is about passing citizenship to children ***

[OmoNaijaUK 3]

1 hour ago, mam521 said:

I just did this for my children.  You have to be able to present verifiable evidence that your children are physically present in the US.  Simply having a greencard and visiting once a year is not enough.  You have to demonstrate they attend school, visit doctors, have a life and activities in the US.  

 

It makes me sad to know how many people are literally stuck in the process of trying to obtain a greencard while your children have been awarded LPR status and you are quite literally facilitating the abuse of LPR.  Please rethink citizenship for them.  They've never lived in the US and are not aware of what living in the US is like, let alone making a commitment to renounce allegiance to their home country.  Maybe the American dream is yours, but they have no idea if it's theirs.  

Well, that was not the questions I asked and I don't see reason why you should be sad because I am not responsible for anyone getting stuck.

 

Everyone has their own objectives for doing things. I have a greencard and I only use it to teach in US during term time and now that colleges are on holiday for summer, I am back in the UK returning in August when colleges resume. Getting Greencard doesn't mean that you have to be permanently stuck in the US. 

 

The Guardian Newspaper link I shared above narrates about a Nobel Laurate with Greencard but doesn't live in US. He only use it because of his frequent travelling for lectures in the US. He even torn the card when Trump was elected. So, ordinary Greencard shouldn't be enough to make you sad.

Edited June 10 by OmoNaijaUK

[OldUser 6,333]

2 minutes ago, OmoNaijaUK said:

Well, that was not the questions I asked and I don't see reason why you should be sad because I am not responsible for anyone getting stuck. Everyone has their own objectives for doing things. 

@mam521 response included vital information, which is proving the kids actually physically resided in the US.

 

You said you were eligible for N-400. Would you mind giving us a little more information?

 

How long have you physically lived in the US in the last 5 years? Did you have any trips over 6 months in the last 5 years? These are some of the question to establish your eligibility.