Immigration to USA (But ...)

[majedalanni 1]

Dears sorry for confuse you

I'l explain as steps

1- All my family include grandmother and grandfather are Iraqi and live in Iraq

2- My father in 1977 go to USA study for master degree in colorado and I born there and just stay two monthes and all we back to IRAQ.

3- I live normal life in IRAQ then in 2004 I married from (Majed) and I live in Ammeria the cool place in past and now the badest.

4- In may 2005 I go to Jordan to renew my passport and I find there is immigration law so I fill I-130 for my husband and because I don't know about the law details. the embassy send me paper that my hasbund eligable to go to USA and the nned form DS-230 and I-864 and I found Iam not meet the minimum requirment of it so I leave jordan and back to IRAQ try to find some one to be a joint sponsor but I not found any one.

5- in 6-april-2006 I had my daughter (Jumana)

6- After that the situation in Iraq is very bad especially in Ammeria .We always afraid boom every were and we suffering from life and the terrorist try kill my husband twice so I escape from Baghdad/Ammeria to Sulymania (noth of iraq).

7- My husband current job is in telecommunication company and his Job Title "network secuirty specilst" and he Had CCNA certification and he had a BSC of mathmatical and I had a Biologist BSC.

8- My father own a land in baghdad he said he will give me it and i'll be the owner and my husband own one car and small trunk but the trunk we leave it in baghdad.

9- I know some friend in USA not very close but I think he can provide me only or both of us a job offer.

10 - Can I rent a flat in USA without I go to USA it mean my friend do that if he agree (I need to ask him)?

11- thats it

OK

let I say and tell is it ok

If I fill now I-130 for my daughter and the embassy accept it and then I send the I-864W with the job offers and rent contract of a flat in USA that I got them from my friend.

can my daughter get the visa to USA if yes go second step for my husband

I send the I-864 and the job offers and the flat contract in USA and our B.SC and certifications and letter of my husband sallary for more 6 months in telecommunication company and the Land documents that I ownd it in IRAQ and documents of my husband cars.

is it acceptable? or I need somthing more ?

Regards and many thanks for your time.

Susan

[Chris Parker 11]

If I fill now I-130 for my daughter and the embassy accept it and then I send the I-864W with the job offers and rent contract of a flat in USA that I got them from my friend.

...

I send the I-864 and the job offers and the flat contract in USA and our B.SC and certifications and letter of my husband sallary for more 6 months in telecommunication company and the Land documents that I ownd it in IRAQ and documents of my husband cars.

I think the I-864W with a Form I-134 from the friend in USA, together with the above documentation, will be the kind of strong evidence they could want to see to prove that it is not likely your child is not going to become a public charge and can be issued the immigrant visa. I don't think there is any reason to play around transferring ownership of land, cars, etc.; they are your husband's assets, and you should simply need to include your marriage certificate to prove these are assets/resources are also available to you.

For your husband, after you are domiciled in the U.S. with your daughter, you can file a new I-130 with USCIS, and hopefully by the time that is approved and sent to NVC, you'll have enough employment income in the U.S. to submit a sufficient I-864 to sponsor him, or you'll know someone to joint sponsor or have a household member to co-sponsor him.

Edited October 29, 2007 by Chris Parker

[majedalanni 1]

If I fill now I-130 for my daughter and the embassy accept it and then I send the I-864W with the job offers and rent contract of a flat in USA that I got them from my friend.

...

I send the I-864 and the job offers and the flat contract in USA and our B.SC and certifications and letter of my husband sallary for more 6 months in telecommunication company and the Land documents that I ownd it in IRAQ and documents of my husband cars.

I think the I-864W with a Form I-134 from the friend in USA, together with the above documentation, will be the kind of strong evidence they could want to see to prove that it is not likely your child is not going to become a public charge and can be issued the immigrant visa. I don't think there is any reason to play around transferring ownership of land, cars, etc.; they are your husband's assets, and you should simply need to include your marriage certificate to prove these are assets/resources are also available to you.

For your husband, after you are domiciled in the U.S. with your daughter, you can file a new I-130 with USCIS, and hopefully by the time that is approved and sent to NVC, you'll have enough employment income in the U.S. to submit a sufficient I-864 to sponsor him, or you'll know someone to joint sponsor or have a household member to co-sponsor him.

dear

I ownd the land and if my freind not provide me the I-134 is it ok

regards

[Chris Parker 11]

I ownd the land and if my freind not provide me the I-134 is it ok

I would bring to visa interview for your daughter whatever financial information you and your husband have got, including marriage certificate, employment letters, job offers, and the amount of cash or deposited with a bank, with or without an I-134 from the friend. The I-134 would be good to have from the friend, but it is not a requirement to have (in fact, if it helps the friend to give it to you, USCIS even admits that the I-134 is not legally enforceable against the friend). The I-134 also would only have to provide for the daughter, not you (the USC) I think.

Edited October 29, 2007 by Chris Parker

[trailmix 77]

Hi Susan,

For your Husband and the I-864 (as your daughter is a separate issue as Chris has outlined) you can't use your foreign salary - nor can you use your Husband's foreign salary - unless this salary will continue when you move the the U.S.. You may be able to use the foreign land ownership. You may be able to use 1 vehicle value, as you own 2 (the first one doesn't count).

I don't think we know if foreign land ownership can be counted toward 'assets' for the I-864, at least I don't know and it hasn't been established in this thread.

Edited October 29, 2007 by trailmix

[majedalanni 1]

Dear

I read this

Assets outside the United States

Q: Will the intending immigrant be able to count significant assets that he or she owns that are currently outside the United States, such as real estate or personal property?

A: Yes, but only under the following conditions:

The assets must be readily convertible to cash within 12 months;

The applicant must clearly demonstrate the ability to take the money or assets out of the country where they are located. Many countries have strict regulations which severely limit the amount of cash or liquid assets an individual may take or send abroad;

The assets equal at least five times the difference between the sponsor's income and 125 percent of the poverty line for the indicated household size.

Can free housing be counted as income?

Q: Can petitioners/sponsors who receive housing and other tangible benefits in lieu of salary count those benefits as income?

A: Yes. The sponsor may rely on income that is not subject to taxation (such as a housing allowance for clergy or military personnel), as well as taxable income. In a given case, however, the sponsor would bear the burden of proving the nature and the amount of any income on which he or she relies, but that is not included as wages/salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as box 13, for military allowances), Form 1099, or other documents that substantiate the claimed income.

Can a beneficiary's ongoing income be counted?

Q: Can a visa applicant's steady income, which will continue after his/her obtaining lawful permanent resident status, be counted with the sponsor's income?

A: Under certain circumstances, yes. In order for the income to be counted, the applicant must have resided in the sponsor's household for six months prior to the completion of the Affidavit of Support. The applicant will be required to clearly demonstrate that the income will continue after his/her taking up residence in the United States

And do I need the multiplyer by 5 or by 3 to count the I-864

[majedalanni 1]

Dear

I find this

24. If I am a U.S. citizen, is my child a U. S. citizen?

A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. citizen at birth.

A child who is:

born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child’s birth, or

born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child’s birth, or

adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

The child was lawfully admitted for permanent residence*; and

Either parent was a United States citizen by birth or naturalization**; and

The child was still under 18 years of age; and

The child was not married; and

The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and

If adopted, the child met the requirements of section 101(B)(1)(E) or and has had a full and final adoption; and

The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and

The child was residing in the United States in the physical custody of the U.S. citizen parent.

If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to INS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(B)(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

*NOTE – Children who immigrate in the “IR-3” or “IR-4” categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

**NOTE – The “one U.S. citizen parent” rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).

I think I can fill n-600 for my daughter and then request for a passport.

can I?

Regards

[Dakine 26]

Dear

I find this

24. If I am a U.S. citizen, is my child a U. S. citizen?

A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. citizen at birth.

A child who is:

born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child’s birth, or

born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child’s birth, or

adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

The child was lawfully admitted for permanent residence*; and

Either parent was a United States citizen by birth or naturalization**; and

The child was still under 18 years of age; and

The child was not married; and

The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and

If adopted, the child met the requirements of section 101(B)(1)(E) or and has had a full and final adoption; and

The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and

The child was residing in the United States in the physical custody of the U.S. citizen parent.

If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to INS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(B)(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

*NOTE – Children who immigrate in the “IR-3” or “IR-4” categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

**NOTE – The “one U.S. citizen parent” rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).

I think I can fill n-600 for my daughter and then request for a passport.

can I?

Regards

I think I can fill n-600 for my daughter and then request for a passport.

Cheaper to file for a passport than filing for a N-600. USCIS and US Passport Agency go by the same rules in establishing citizenship.

Get the passport as that is proof of USC. I'm in the process of doing so right now for my adopted stepchild.

Should know within a couple weeks. Been going on for over 10 months as I have to have had child in my legal and physical custody for 2 years. That was last Sunday. Passport peeps have been holding the application since January.

[Chris Parker 11]

I think I can fill n-600 for my daughter and then request for a passport.

Cheaper to file for a passport than filing for a N-600. USCIS and US Passport Agency go by the same rules in establishing citizenship.

Get the passport as that is proof of USC. I'm in the process of doing so right now for my adopted stepchild.

Should know within a couple weeks. Been going on for over 10 months as I have to have had child in my legal and physical custody for 2 years. That was last Sunday. Passport peeps have been holding the application since January.

While your advice is true, it still doesn't apply to the OP.

OP is not in the U.S., and the child is not a U.S. citizen because the USC parent only lived in the U.S. until age 3.

Form N-600 can only be filed if the child is already in the U.S. and has become a USC.

Not sure how the OP came up with the idea that she could skip the step about getting an immigrant visa to filing N-600, but she obviously is getting confused...

[majedalanni 1]

Dear

About N-600 I ask lawyer in USA and tell me that but may he not know all my story.

I read act of 2000

Child Citizenship Act Of 2000

Fact Sheet

Purpose

On February 27, 2001, the Child Citizenship Act of 2000 becomes effective. The aim of this law, which, among other things, amends Section 320 of the Immigration and Nationality Act (INA), is to facilitate the automatic acquisition of U.S. citizenship for both biological and adopted children of U.S. citizens who are born abroad and who do not acquire U.S. citizenship at birth. We are pleased to note that, because of this law, U.S. citizenship will be conferred automatically upon thousands of children currently in the United States.

Requirements

The following are the Act's requirements:

At least one parent of the child is a U.S. citizen, either by birth or naturalization.

The child is under the age of 18.

The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence.

If the child has been adopted, the adoption must be final

Do I meet the requirments? for send I-864w to embassy.

[Chris Parker 11]

Do I meet the requirments? for send I-864w to embassy.

The requirements you are reading are correct.

The key sentence you seem to misunderstand:

"The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence."

To meet that requirement, the child usually must enter the U.S. with an immigrant visa or obtain adjustment of status approval.

I-864W is one of the forms you may need to get the prerequisite immigrant status for the child required by this law.

As the process works, the child enters the U.S. as an immigrant, but gets a Certificate of Citizenship in the mail from USCIS rather than a Permanent Resident card.

Edited October 30, 2007 by Chris Parker

[majedalanni 1]

Dear

Can u check this lawyer email? what u think ?

YOur daughter does not need any visas or sponsors - you have to submit an N-600 form for her at US consulate with proof of your being her mother and your being US citizen. It means nothing that you haven't stayed physically in US for 5 years or any years since you are a citizen by birth.

If you don't have a co-sponsor for your husband, he will not get approved for a greencard.

-----------------------------------------------------------------------

Sent: Monday, October 29, 2007 7:47 PM

To: Marina Shepelsky

Subject: RE: Answer with more questions

Dear

Many thanks for your fast respone

Did you mean I can take my daughter with me even if I not stay physiclly 5 years in USA?

and my friends he said I cant be co sposor u as I said he is net very close friend.

Thanks agian

Regards

Susan Khalid

+9647701103313

Marina Shepelsky <marina@shepelskylaw.com> wrote:

First, your daughter does not need a visa. She is a US citizen by having a mother that is a US citizen. You need to file N-600 for your daughter at the US consulatein either Iraq or Jordan together with a copy of your birth certificate showing that you (her mother) are a US citizen and that she must receive a Certificate of Citizenship as a child of a US citizen. Then, you can simply get her a US passport at the consulate and you and her can travel to US without any kind of visa.

Second, if your US friend simply gives you copies of his 2006, 2005, and 2004 income tax returns together with copies of his 2 recent months paystubs, and together with a copy of his birth certificate and passport showing his US citizenship by birth (or if he became US citizen by naturalization, a copy of his Naturalization and US citizenship certificate) and he signs an I-864 supporting only your husban and the friend's dependents - if he makes at least what the Poverty guidelines dictate for the household of his size, your I-130 petition for your husband should be approved. Only your husband needs to have I-130 petition by you for him. The co-sponsoring friend should not include you and your daughter in the Affidavit of support, only your husband is the supported alien. Can your friend call me and we can discuss this further? There is no need for a job offer nor a flat lease for you. All you guys need is an I-130 petition to be approved by you for your husband and have your Colorado friend be a co-sponsor with you.

Regards,

marina shepelsky

Marina Shepelsky, Esq.

Law Offices of Marina Shepelsky, P.C.

936 Kings Highway, 2nd Floor

Brooklyn, NY 11223

Tel: 718-769-6352

Fax: 718-769-2391

e-mail: marina@shepelskylaw.com

[Chris Parker 11]

First, your daughter does not need a visa. She is a US citizen by having a mother that is a US citizen. You need to file N-600 for your daughter at the US consulatein either Iraq or Jordan together with a copy of your birth certificate showing that you (her mother) are a US citizen and that she must receive a Certificate of Citizenship as a child of a US citizen. Then, you can simply get her a US passport at the consulate and you and her can travel to US without any kind of visa.

The lawyer's response seems somewhat flawed to me in two important ways: (however, I am not a lawyer, and this just my unqualified opinion based on my perhaps less than perfect understanding of these laws)

1. If your daughter were indeed a citizen at birth, you would not file Form N-600 at the embassy, but rather Form DS-2029, Consular Report of Birth Abroad of a U.S. Citizen, which is a similar application for use when outside the U.S. (perhaps this inaccuracy is just a technicality, however)
2. The lawyer seems to be overlooking the full set of requirements in INA §301 (8 U.S.C. 1401) or lacks full understanding of your exact situation. As you have described it here, there is only one U.S. citizen parent, you. If both parents were U.S. citizens, then what the lawyer said would appear to be correct. We here think INA 301(g) properly describes your daughter's situation and denies her citizenship at birth.

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

( a ) a person born in the United States, and subject to the jurisdiction thereof;

( b ) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

( c ) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

( d ) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

( e ) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

( f ) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

( g ) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person ( A ) honorably serving with the Armed Forces of the United States, or ( B ) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

( h ) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899

[majedalanni 1]

is it mean she is wrong

[majedalanni 1]

I ask her and she answer me:

If you have US birth certificate, you are US citizen, it does not matter how long you lived here. On the other hand, you can never be president of the US.

--------------------------------------------------------------------------------

Sent: Tuesday, October 30, 2007 4:48 PM

To: Marina Shepelsky

Subject: RE: Answer with more questions

Many thanks for reply

But I am confused I read N-600 requirement is it right for me ?

I just live 3 months is USA after born and back to Iraq and I never back to USA again and my age now 30 and my husband are Iraqi citizen.

Regards