Applying for green card for child

[appleblossom 2,713]

8 minutes ago, cebuhasher said:

That was the problem to begin with, he was not in the US long enough after gaining USC before leaving for China again.  

 

But how long was he in the US *before* he got citizenship?

[cebuhasher 1]

5 years

Edited December 6 by cebuhasher

[Dashinka 24,606]

1 hour ago, cebuhasher said:

5 years

Were at least two of those years after he turned 14?  CRBA may be an option.

 

This is the applicable statement in the policy manual I posted.

 

Good Luck!

 

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.

Edited December 6 by Dashinka

[cebuhasher 1]

He was 19 when he arrived and got USC at 24.

[Boiler 45,690]

Sounds close

[Demise 1,298]

4 hours ago, cebuhasher said:

He was 19 when he arrived and got USC at 24.

Definitely close like how @Boiler said.

 

Any trips abroad during that time? If not then he should have just barely enough presence in US for the kid to be eligible for a CRBA. If there were some then it is literally a matter of counting all the days and seeing if it comes up above 1826-1827 days (365 x 5 + 1-2 leap days).

 

Again, the 5+ years can be spent in any status: Citizen, non-citizen national, permanent resident, any kind of non-immigrant, TPS, asylee, refugee, and even as an illegal immigrant.

Edited December 6 by Demise

[cebuhasher 1]

The child was denied USC at birth due to the father not spending enough time in the US.  Based on that I dont believe that CRBA is available to us.  It looks to me that N-600K is the way to go.

[cebuhasher 1]

After doing additional research, I found this;

 

No, someone does not have to be present in the United States to file an N-600, but USCIS will not adjudicate the application until the person is present

 

so that means that we cannot use the N-600 process until the child is in the US for at least 2 years.  We will have to complete the I-864 process.

 

Edited Wednesday at 09:07 PM by cebuhasher