CHILDREN BORN ABROAD TO A U.S. CITIZEN PARENT USING GRANDPARENTS PHYSICAL RESIDENCE

[Renata82]

after doing a little research on how to get citizenship through a us citizen parent, i found this:
Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) for a certificate of citizenship if the following conditions are met.
"¢ At least one parent of the child is an American citizen by birth or naturalization.
"¢ The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it.
"¢ The child is under the age of eighteen.
"¢ The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.


A. SECTION 322 OF THE IMMIGRATION AND NATIONALITY TECHNICAL CORRECTION ACT OF 1994 BECAME EFFECTIVE APRIL 1, 1995. IT ENABLES YOU TO APPLY FOR THE EXPEDITIOUS NATURALIZATION OF YOUR CHILD.
HOW DOES THIS WORK?
THERE ARE TWO OPTIONS, AND THE ONE YOU CHOOSE MAY DEPEND ON WHERE YOU ARE RESIDING.
1. IF YOU AND YOUR CHILD ARE LIVING IN THE UNITED STATES AND THE CHILD ENTERED THE UNITED STATES WITH A U.S. IMMIGRANT VISA AS A PERMANENT RESIDENT, APPLY AT THE BCIS DISTRICT OFFICE WITH JURISDICTION OVER YOUR PLACE OF RESIDENCE IN THE UNITED STATES. TO FIND OUT WHERE THOSE OFFICES ARE LOCATED, CONTACT THE BCIS INFORMATION SERVICE LINE AT 1-800-755-0777 OR SEE THE BCIS WEB SITE FOR A LIST OF BCIS FIELD OFFICES .
2. IF YOU AND THE CHILD ARE RESIDING ABROAD, THE CHILD MAY BE ELIGIBLE FOR EXPEDITIOUS NATURALIZATION IF YOUR PARENT, THE CHILD'S U.S. CITIZEN GRANDPARENT, WAS PHYSICALLY PRESENT IN THE UNITED STATES FOR A PERIOD TOTALING 5 YEARS, 2 AFTER THE AGE OF 14. THE GRANDPARENT CAN BE LIVING OR DECEASED AT THE TIME OF THE APPLICATION. IF DECEASED, THE GRANDPARENT MUST HAVE BEEN A CITIZEN PRIOR TO THE CHILD'S BIRTH AND AT THE TIME OF THE GRANDPARENT'S DEATH.

is anybody familiar with this?

[Renata82]

or odes anybody know if its possible to obtain it if the child is now over 18 but was under 18 at the time this conditions were met?

[BELIEVE]

Hi Renata
I was wondering what is the child born abroad age now?

[Renata82]

21.. but was under 18 and met all the requirements when the CCA took effect.

[BELIEVE]

I have a relative with a similar situation. Born to a USC father and resident mother, her birth was probably not registered with the american embassy (parents too old now, they cannot provide any information). The mother became a naturalized citizen when the child was about 23 years of age. Now both parents are USC. Anyone know which step to take? Can she file for any particular petition, based on mother and father being USC?

[Renata82]

well thats the same thing im wondering!!
i bellieve that if the "child" met all the requirements by february 27 2001 and didn't know about the law until recent even if over 18 it should work for them but again thats just a belief.
)"

[BELIEVE]

I just talked with USCIS, they advised to have my relative file the N-600 Certificate of Citizenship which takes 6-9 months or apply for a passport providing with evidence as birth certificate from the father (proof of citizenship) and an affidavit from him stating the times he's live in the US. (passport takes about 6 wks!) however, if my relative wants to work for the government or apply for student loans or such, then an N-600 will be required as proof of citizenship (the passport will not be enough).

[Adam]

In both the cases, prime date is your date of birth.
Prior to Nov. 14, 1986 one citizen parents must have resided for10 years in the US to transmit the citizenship.

According to my understanding of the INA which was changed on Nov. 14, 1986 is not applicable to you guys. Unless you were born on or after Nov. 14, 1986.

[Kumar555]

Renata82:Child Citizenship Act was passed some time in 1999 to 2001/02.
Many children are born abroad since large number of US Citizens are working abroad.
If one of the parent is citizen prior to the birth of a child then they will have to met the physical presence in the United States to transmit the Citizenship to the child born abroad.
If your parent had not registered your birth abroad, they can apply for your Certificate of Citizenship,
Provided they complete the requirements of the Law on the day you were born.
# 1-In case you were born prior to Nov. 14, 1986 the citizen parent will have to prove it to the uscis that he/she met the requirement of the physical presence to transmit the citizenship to the child. At that time it was 10 years and five years after the age of 14 years.
# 2- Provided the child entered US on Immigration Visa/or Non Immigration visa and under the age of 18 years.

Now you are talking about the INA of Nov. 14, 1986. It says clearly that if a child is born to one citizen parents and one Alien, Citizen parents must be physically presents in US for the period of five years prior to the birth of a child.
AT Many US Embassy/Consulate Generals/Consulates, as well as the US Department of State, and the Congressman/Senators, are not clearing the law correctly. That's why we are having so many problems with general public to understand the Law of the Country.
Most recently I came a cross with one of the Official and have discuss this law he under stood and went to his Director, and told him and explain and he agreed to the law as written. and the case was resolved.
This required experience and reading of the laws correctly in the interest of the United States of American.
I hope you under stand the INA which you have Quoted.

[BELIEVE]

Yes, Adam. But also another key factor that applies for those born between Dec 24, 1952 and Nov. 13, 1986 is that the USC parent must have lived in the US for at least 10 years and 5 of those years in the US must have been after USC parent's 14th birthday.

[Renata82]

kumar555 i never said i dint understand this act.
because i understand it and i know my usc parent didn't didnt meet the physical requirements is the reason why i posted this thread as usc through a grandparent when the usc parent doesnt meet the physical requirements.
my only question was can it apply to someone who is over 18 but prior to their birth (1986) the grandfather met all the requirents to transmit citizenship

[Kumar555]

If your parents do not meet the physical requirement. They are unable to transmit the citizenship to you.
Have you file passport application, just try that and they will pull out all the records of your parents to make sure that your claim is correct.or they will write to you in this regards, to contact some official in this matter.

[circle]

Reply

The citizenship act for children of USC is so confusing. With regards to my situation-I wrote a prev post-Parents are USC-Dad now deceased. I was 17 when my mom became a citizen but was 18 when my dad was naturalized. I am a PR. I am now in my 40's and i am not sure if i am a citizen-i have been told yes and no. My 2 younger brothers obtained their citizenship using the N600 application. In my state they are now looking at the July application (N600) but it would be faster applying for a US passport. Can anyone tell me what paper work I would need to do that. I have both my mother and fathers naturalization certificate. I was also wondering-if i apply for a passport and they conclude i am not a citizen-would that be a negative against me for fraud.

[BELIEVE]

I believe that you are considered a citizen thru derivative us citizenship from your mother. But I suggest you go to www.uscis.gov and search for the N-600 application instructions, there u will see how you qualify to be certain and or call them too. For information about the passport www.travel.state.gov and the National Passport Information Center 877 487-2778.