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]

6 minutes ago, OldUser said:

@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.

Thank you. I teach in a US Uni during term/semester time but return to UK during Christmas (4weeks) and summer (3 months) holiday. So about 8 months in US and 4 months in UK per year over the last five years.

Edited June 10 by OmoNaijaUK

[R&OC 371]

If you want to establish residence in the US for the kids, perhaps consider having them join you, enroll in school etc.

 

US citizenship is far preferable over a LPR status which is questionable at its best given your current arrangement. But I would take the kids to the US, relocate and then apply for your US citizenship.

 

As for other comments: the UK allows for dual citizenship. I don’t see any reason for sadness.

 

Edited June 10 by R&OC

[R&OC 371]

2 hours 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.  

 

As I see it - US citizenship usually doesn’t take away anything but provides opportunities not available to many. It sounds like you question the US citizenship for your children.

 

Regarding the original question:  residence is the key here. 

Edited June 10 by R&OC

[OldUser 6,603]

4 minutes ago, R&OC said:

 

US citizenship usually doesn’t take away anything but provides opportunities not available to so many

It adds responsibility to defend the US in case of military conflict. It requires filing US taxes no matter where you live. So it does take away few freedoms, while giving other opportunities.

 

@mam521 rightfully noted the kids didn't live in the US and it could add challenges to the process.

[igoyougoduke 1,653]

5 hours ago, OmoNaijaUK said:

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

none of those apply to your children cause they do not maintain a residency status in USA. While they might be fly under the radar coming in once a year and spend a few days. at naturalization check , they will flip their entire life history ( every entry and exit to united states will checked before the approval of citizenship.  

 

So no your children wont be naturalized by living in UK and just cause you get citizenship. 

[mam521 2,056]

39 minutes ago, OmoNaijaUK said:

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. 

If you perceive it as "stuck" in the US, then why even consider citizenship?  

 

LPR - lawful PERMANENT resident.  It does, in fact, indicate you plan to be a permanent resident of the United States with the freedom to visit other countries as any other LPR or citizen is free to do.  

 

Considering you've mentioned your children are older, it's is likely important to allow them the opportunity to move to the US and decide if they want to continue to retain LPR status.  Should they choose, they can pursue citizenship on their own.  There is a lifetime of tax implications unless they rescind their status.  It's potentially easier as a LPR than a citizen.  

[mam521 2,056]

27 minutes ago, R&OC said:

As I see it - US citizenship usually doesn’t take away anything but provides opportunities not available to many. It sounds like you question the US citizenship for your children.

You've misinterpreted what I said.  So many people work so hard to get their LPR, fulfilling the residency requirements and everything that goes with and hope to one day become citizens. 

 

The OP doesn't seem to even want to be an LPR, but rather to just take advantage of the system.  If LPR was treated as it was intended to be by the OP, the children would reside in the US, fulfilling the obligations of permanent residency, not just visiting once a year to supposedly keep the LPR status valid.  There would be no question about the children's eligibility for citizenship.  As presented, that is not the case. 

 

People literally give their lives in search of what the OP has and that's the part that makes me sad - there's seemingly little appreciation for it.  

[R&OC 371]

54 minutes ago, OldUser said:

It adds responsibility to defend the US in case of military conflict. It requires filing US taxes no matter where you live. So it does take away few freedoms, while giving other opportunities.

 

@mam521 rightfully noted the kids didn't live in the US and it could add challenges to the process.

I am not sure about the military service but taxation is an issue for LPRs and citizens alike? 

[OldUser 6,603]

3 minutes ago, R&OC said:

I am not sure about the military service but taxation is an issue for LPRs and citizens alike? 

Military service is not applicable to LPRs. Getting out of US tax net is easier as LPR as it doesn't require US citizenship renounciation. In addition, it looks like kids (under 16) are still not required to file taxes as they're probably not earning anything just yet. But if they naturalize, they will have to file in few years the moment they get their first job.

[Boiler 45,442]

LPRs can serve, there is a fast route for Citizenship for those that do.

 

And of course Selective Service https://www.sss.gov/

[Stein 276]

10 hours ago, OmoNaijaUK said:

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

Two bolds are mine.  Those tell me your kids wouldn't be eligible because they are not overseas in the physical custody of the US citizen parent becasue you are living in the US.

[mam521 2,056]

3 hours ago, Boiler said:

And of course Selective Service https://www.sss.gov/

LPR males between the age of 18 and 25 are required to sign up for the SSS, alongside their citizen counterparts.  

[Boiler 45,442]

1 hour ago, mam521 said:

LPR males between the age of 18 and 25 are required to sign up for the SSS, alongside their citizen counterparts.  

There is talk of it applying to all genders.

[OldUser 6,603]

2 hours ago, mam521 said:

LPR males between the age of 18 and 25 are required to sign up for the SSS, alongside their citizen counterparts.  

Thank you for reminding.

1 hour ago, Boiler said:

There is talk of it applying to all genders.

So in essence, only male LPRs between 18 and 25 may be required to go to US military... When it comes to US citizenship, I think the circle is much larger for those who'd be serving the US when required.

 

Theoretically, if I understand correctly, under current law LPRs cannot be forced to dig threnches and do something else for defense reasons. But citizens of all genders may be required to. Hence it is part of oath...

[Laure&Colin 557]

9 hours 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. 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.

 

Well, a green card as you call it is a Lawful PERMANENT Resident card so obviously not designed for temporary residence. Having your primary residence in the US is required to maintain LPR status, besides the physical presence.

From how you describe your situation it looks like you should be on a work visa (maybe a J Visa related to academic work) rather than a permanent resident. I don't know how you got LPR status for your kids, but you had to have said at some point that they lived with you in the US. I'd be very careful to apply for citizenship because the question "where are your kids" is likely to come up and you might run into problems here if the officer thinks you lied about their residence in order to obtain benefits for them that they didn't qualify for.