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  • child immigrant becoming citizen

    Hello,
    I understand that a child (age 2) who immigrates as LPR into the US automatically becomes citizen. Is it so? And what is the process to get a passport?
    Thank you,
    Stefano

  • #2
    Hello,
    I understand that a child (age 2) who immigrates as LPR into the US automatically becomes citizen. Is it so? And what is the process to get a passport?
    Thank you,
    Stefano

    Comment


    • #3
      Your information is incorrect.

      A child who immigrates to America may make a claim to U.S. citizenship in this circumstance ONLY if one or both of his parents are already U.S. citizens. I believe that there may be other conditions that must be satisfied...so perhaps others can provide additional information.

      Comment


      • #4
        Yes, in my circumstance one of the parents is a USC

        Comment


        • #5
          I understand that both parents are LPR at this time?

          Transmission Requirements for Child born Abroad.

          Citizen parent physically present in U.S. or possession 5 years prior to Child's birth, two of which after the age of 14.
          Ref: 301(g)INA; P.L. 99-653 and P.L.100-525
          Retention Requirement: None.

          If child is immigrated to US then one of his parents relative must have file the I-130 Petition for them, none of the child's parent is a U.S. Citizen.

          Child can be benefited under sec. 321[8.U.S.C. 1432](a) A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the US uopn fulfillment of the following conditions:
          Such Naturalization takes place while such child is under the age of eighteen years;
          Such child is residing in the United States pursuant to a Lawful admission for permanent residence at the time of the naturalization of the last naturalized under clause(1) of subsection, or thereafter begins to reside permanently in the United States while under the age of eighteen years.

          It's clears that the child is not a citizen at this time.

          Comment


          • #6
            Thanks for your replies. Let me clarify the situation.
            One parent is USC citizen since Febrary 2006, the other parent is an alien.
            Child was born in 2004 abroad (while neither parent was USC).
            Child will immigrate into US as LPR in October 2006.
            Will the child become USC once he enters the US as LPR?
            Thanks!

            Comment


            • #7
              You are trying to get the Citizenship for the child who do not have a Claim to US Citizenship what so ever.

              Law clearly said that one of the parents must be a US Citizen prior to the birth of a child.
              If one parent become a US Citizen after the birth of a child how could he proof that he was a citizen prior to the child's birth.

              LPR status will not counts towards the transmission of Citizenship to child born abroad.

              When I read your first post I had a feeling that you are trying to go around this for your child.
              Hope you understand, do not play with the fire.

              Comment


              • #8
                There seems to be a law, Public Law 106-395, signed by Clinton on Oct 30 2000, which seems to contradict the last reply:
                http://www.uscis.gov/graphics/public...ts/adopted.htm
                Thanks
                Stefano

                Comment


                • #9
                  The relevant part of the law seems to be whether the child was living with the parent in the U.S. at the time of the parent's naturalization. If not, then the following may apply:

                  "Is Automatic Citizenship Provided for Children (Including Adopted Children) Born and Residing Outside the United States?

                  No. In order for a child born and residing outside the United States to acquire citizenship, the United States citizen parent must apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance."

                  Comment


                  • #10
                    AliBA,

                    in my situation the child is not residing outside the US, but immigrates into the US with a permanent resident VISA.
                    According to the USCIS guidelines, updated in 2004,
                    http://www.uscis.gov/graphics/servic...CCA_Update.htm,
                    within 45 days of the child's entry into the US, a certificate of citizenship is mailed to him/her.
                    Those guidelines don't mention the need to take the oath, nor the need for the child to be in the US with the parent at the time of his/her naturalization.

                    Comment


                    • #11
                      The link you provided sounds like CCA applies to ADOPTED children, not the situation you describe.

                      Best bet--get yourself to a good immigration lawyer and ask. It sounds like you really want this kid to automatically get U.S. citizenship. At worst, it sounds like his parents will simply have to go through the application procedures for naturalization.

                      Comment


                      • #12
                        Biological children are explicitely mentioned among those who can benefit from CCA

                        Comment


                        • #13
                          "Biological" is often used to refer to children who are born outside of marriage (the same line in CCA refers to "legitimated").

                          Again, for a clear legal reading, see a lawyer. Or, just file the paperwork as the act requires and see what the government says.

                          Comment


                          • #14
                            I know what you are talking about let me inform you this now. Their is a law that a child can become a citizen provided if a US Citizen do not have a sufficient time to transmit the citizenship to the child he can file an I-130 bring the child as an LPR, and then file for his Citizenship, provided that the one of the parents was citizen prior to the birth of a child, and child can become a citizen as minor untill the age of 13 yaers.
                            This will still not help you.
                            SINCE YOU WERE NOT A CITIZEN PRIOR TO THE CHILD'S BIRTH.
                            If you know any other law please give us some ref; thanks.
                            OR PLEASE CONSULT AN ATTORNEY FOR CLEAR LEGAL READING OF THE LAW, I MIGHT NOT KNOW.

                            Comment

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