USC question

[Jeanine]

Dear everyone,

I would like to get some information for a friend of mine. Here's her case (then I'll put up the questions):

Her parents divorced when she was a child, and she grew up with her mother. Her father immigrated to the US and became a USC. She grew up in her country and got married and have three kids now who are all over 21. (one of them was born in the US, so one of them is a USC by birth)

Now she would like to get her USC, but doesn't want to permanently move to the US. On the I-130 form there's a question about what would be the address she would like to reside in the States. She would get her citizenship thru her father, of course.

1. Does this mean she could not be granted citizenship then?
2. if she could, how long would it take to get her citizenship?
3. could her two other children (over 21, but unmarried!!!) get citizenship after her?
4. if yes, how long would that take?

Please answer all of them and I know it's all going to be guesses, and cases do differ, but she would like information on these. The more the better! So, don't hold it back! Thank you, thank you, thank you!!!

[Jeanine]

Dear everyone,

I would like to get some information for a friend of mine. Here's her case (then I'll put up the questions):

Her parents divorced when she was a child, and she grew up with her mother. Her father immigrated to the US and became a USC. She grew up in her country and got married and have three kids now who are all over 21. (one of them was born in the US, so one of them is a USC by birth)

Now she would like to get her USC, but doesn't want to permanently move to the US. On the I-130 form there's a question about what would be the address she would like to reside in the States. She would get her citizenship thru her father, of course.

1. Does this mean she could not be granted citizenship then?
2. if she could, how long would it take to get her citizenship?
3. could her two other children (over 21, but unmarried!!!) get citizenship after her?
4. if yes, how long would that take?

Please answer all of them and I know it's all going to be guesses, and cases do differ, but she would like information on these. The more the better! So, don't hold it back! Thank you, thank you, thank you!!!

[ProudUSC]

From http://en.wikipedia.org/wiki/United_...tionality_law:

Eligibility for naturalization

To become a naturalized United States citizen, one must be at least eighteen years of age at the time of filing, a legal permanent resident of the United States, and have had a status of a legal permanent resident in the United States for five years less 90 days before they apply (this requirement is reduced to three years less 90 days if they (a) acquired legal permanent resident status and (b) have been married to and living with a citizen for the past three years.) They must have been physically present for at least 30 months of 60 months prior to the date of filing their application. Also during those 60 months if the legal permanent resident was outside of the U.S. for a continuous period of 6 months or more they are disqualified from naturalizing (certain exceptions apply for those continuous periods of six months to 1 year). They must be a "person of good moral character"[2], and must pass a test on United States history and government. Most applicants must also have a working knowledge of the English language (there are exceptions for long-resident older applicants and those with mental or physical disabilities), although this requirement is not intended to be an onerous one, since the test requires that they read and write simple sentences in English, such as "The United States is a democracy".

[RationalE]

I want to know

[Theone]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
Now she would like to get her USC, but doesn't want to permanently move to the US. </div></BLOCKQUOTE>

So its a no go.

[RationalE]

Your questions are fairly simple.
If you have at least fifth grade education, can read and comprehend English ,and want to spend some time searching INA 301 and other relevant Sections, along with corresponding 8 CFR, you can find answers to all of your questions.
But you may also miss on certain little nuances that could make a difference if you only knew.

In any case, even if you were an Einstein (brain-wise), had you needed a simplest surgery (or pulling a teeth) you wouldn't pick up a knife and tear up your flesh (or use plier to pull your teeth), nor would you ask by-passers to assist you doing either, but you would go to licensed surgeon/dentist who knew how to proceed and you would get it done properly.

There is nothing wiser than delegation (Economics 101)

Spend $150-$300 and consult an immigration attorney to learn about your options.

Good luck

[NeedHelpFast]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Theone:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
Now she would like to get her USC, but doesn't want to permanently move to the US. </div></BLOCKQUOTE>

So its a no go. </div></BLOCKQUOTE>

I agree with Theone.

[aneri]

how old was she when her father became USC?

[Jeanine]

Hey Proud:

Thank you for your quick reply. I'm not sure about what you wrote though. This woman's father is a USC for a loooong time. Her father has been living in the states for more than 30 years. The woman (the daughter) never became a USC and lived abroad for her entire life, but now decided that she wants to get citizenship and her father would file for petition. So, this would be a "family based" naturalization. Does this mean that even though her father has been a USC for a long period of time, the daughter (woman) still would have to first become a permanent resident? I'm a bit confused on this. Please, if you can explain it in more details, I would appreciate it...thank you!
Hey aneri,

The woman was about 5 years old when her father became a USC and now this woman is almost 60 years old. Does that make any difference of her asking her father to file for citizenship?

[ProudUSC]

Hi Jeanine,

I think the fact that she won't have continuous presence in the USA will negate her to become a citizen. That why I quoted the information provided above.

I don't know about her dad being able to sponsor - I thought parents could only petition for unmarried children under the age of 21. If she wanted to move here permanently, her over 21 USC child could petition for her; however, if she's not going to live here, she will most likely be denied.

[ProudUSC]

Maybe this will be more helpful.

Family Based Greencards


Eligibility Requirements - Petition for Alien Relative

To sponsor a relative to immigrate to the United States, you must meet the following criteria:
You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.


You must prove that you can support your relative at 125% above the mandated poverty line.


If you are a U.S. citizen, you may petition for the following foreign-national relatives to immigrate to the United States. You must be able to provide proof of these relationships.


Husband or wife
Unmarried child under 21 years old
Unmarried son or daughter over 21
Married son or daughter of any age
Brother or sister, if you, as the sponsor, are at least 21 years old
Parent, if you, as the sponsor, are at least 21 years old



If you are a lawful permanent resident, you may petition for the following foreign national relatives to immigrate to the United States. You must be able to provide proof of these relationships.


Husband or wife
Unmarried son or daughter of any age

[Jeanine]

Hi ProudUSC,

I'm sure the father can file for petition, I did check into that for her. I-130 there's where it shows that father can petition to child over 21 and married. Yes, I was afraid too that she would get denied for not intending to live in the US. She wants her citizenship, as she said "because she could visit her father and sisters and all her relatives without the big hassle of obtaining visa and also because she thinks she deserves it as a family member through the "family based immigration". " Well, I just quote her, what she has said to me. That's why I'm asking if anyone knows the possible outcomes. But even if she wanted to live in the states, it's a bit dump question on the form about asking the EXACT address where she intends to live, since, I assume, she has no idea, and she would only move and find a place to live, if she got her citizenship granted. Anyways, if you hear anything more about this situation, please inform me here, and I'll forward her. Thank you again!

[aneri]

the laws about acquiring the citizenship through parent or by derivation have been through many changes in the last 60 years... My best idea (beside a good lawyer) is for your friend to go to the USA embassy in her home country and see what they say..

[Jeanine]

Aneri,

Yes, you're right. I just thought maybe someone knows how this work instead of nagging the US embassy. But again, thank you and ProudUSC for the answer. We appreciate it! And if you guys hear anything more about cases like this, glad to hear it always!

[Jeanine]

Come to think of it: suppose the woman agreed on moving to the US, and suppose she even got her stamp in her passport (not the plastic card though). Could she start filing for I-130 for her children (who are unmarried but older than 21 years of age?)