Parent applying for citizenship for child -- with twists & complications

[justy 0]

I am the grandmother in this saga, relating the following story for the benefit of my son and grandson -- please forgive the length, but the details are pertinent to the questions at the end:

I was born and raised in the States and when I married I left to live in Israel, where I have lived for 40 years.

My son was born in Israel and USC was obtained for him when he was a baby through the local embassy after providing all relevant documents. We have a copy of the FS240 (Report of children born abroad) that was issued at the time.

My son is now married to a non-USC and my grandson was born in Israel. My son cannot pass on citizenship to his son because he does not fulfill the physical presence law.

My son got a job in the States 4 years ago and my daughter-in-law and grandson got green cards and immigrated to the US with him. They had every intention of staying but the economic downturn cost my son his job this past summer. He was lucky enough to find employment in Singapore, and so after just over 3 years, they had to leave the States and live for now in the Far East.

Questions:

1] Does my grandson, (who is today 5 y/o) have to wait a full 5 years from immigration to get his citizenship? Isn't it perhaps faster for the child of a USC?

2] Can my grandson legally retain his permanent resident status by being physically present in the US for a minimum of one month a year?

Will he lose his status if he does not?

3] If he loses his status can his parents apply for citizenship for him under another rule/law, namely the following --

(I'm sorry I do not have the name of this rule/law)

It is possible for qualified *grandparents* to pass on citizenship to their minor grandchildren. I have three friends who have done so, so I know it can be and is done. Under normal circumstances, the USC (my son in this case) must send in an N-600K application and then come with the child to the US upon being invited. The child enters as a B-2 with an invitation to come to obtain USC. The child must surrender the I-94 card attached to his foreign passport as proof of legal entry. (BTW, I called the INS earlier today and was told there is no such thing as passing citizenship from g-parent to g-child. I was also told that the N-600K form is only for adopted children. Both these allegations are clearly not true, but there was no one else to talk to there. Hence I found this site!)

My fear is that since he has been issued a permanent resident card, my g-son will not be able to get a B-2 visa in the future and this process cannot be done in his case. So, my final question is:

4] is there a way to pass on citizenship through *me* at this stage where he has permanent residence, but is not living in the US.

Told you it was complicated.....thanks for taking the time to plough through. Any and all insights are welcome

Justy

[Chocolot 0]

4] is there a way to pass on citizenship through *me* at this stage where he has permanent residence, but is not living in the US.

No answer, Im sorry, but welcome to VJ and hopefully there will be others with more info. Have you thought about contacting an immigration lawyer (being aware that some are better than others)

best wishes

[lucyrich 19]

Questions:

1] Does my grandson, (who is today 5 y/o) have to wait a full 5 years from immigration to get his citizenship? Isn't it perhaps faster for the child of a USC?

It sounds like your grandson may already be a US Citizen per the child citizenship act. See here for details: http://travel.state.gov/visa/immigrants/ty...types_1312.html

The requirements for the child to automatically be a US Citizen are:

* Have at least one American citizen parent by birth or naturalization; father qualifies, right?

* Be under 18 years of age; you said he's 5 years old

* Live in the legal and physical custody of the American citizen parent;Did he live with USC father in the US? and

* Be admitted as an immigrant for lawful permanent residence. That basically means "have a green card"

If the child met these requirements in the past but no longer meets them (I understand the child no longer lives in the US), that doesn't change the fact that the child automatically became a citizen the moment those requirements were met, and remains a citizen for life unless citizenship is relinquished (and relinquishing US Citizenship isn't easy -- virtually impossible for a five year old).

Of course, the fact that the child automatically became a citizen doesn't mean too much practically, until the child has a document that PROVES he became a citizen. So he needs to get a certificate of citizenship and/or US Passport.

If the parents have evidence that these requirements were met, the parents can file an N-600 to get a certificate of citizenship for the child. Or they may apply directly for a US passport for the child. See the instructions for the N-600 at the uscis.gov page under "Immigration forms" tab. Note that under the instructions for the N-600 it says Any person who was born a US Citizen outside the United States or who fulfilled the requirements for becoming a US Citizen prior to their 18th birthday may file this form at any time during his or her lifetime

[justy 0]

1] Does my grandson, (who is today 5 y/o) have to wait a full 5 years from immigration to get his citizenship? Isn't it perhaps faster for the child of a USC?

It sounds like your grandson may already be a US Citizen per the child citizenship act. See here for details:

http://travel.state.gov/visa/immigrants/ty...types_1312.html

The requirements for the child to automatically be a US Citizen are:

* Have at least one American citizen parent by birth or naturalization;

father qualifies, right?

* Be under 18 years of age;

you said he's 5 years old

* Live in the legal and physical custody of the American citizen parent;

Did he live with USC father in the US?

and

* Be admitted as an immigrant for lawful permanent residence.

That basically means "have a green card"

I see that I misstated my question above. I should have written, "Isn't it perhaps faster for the GRANDchild of a USC?"

You see, here's the rub: Although my grandson appears to meet all the requirements for USC, it is his father's (my son's) citizenship that is the problem. Although he is a citizen by birth, he does NOT meet the physical presence requirement needed to pass his citizenship on to his children. In these cases, a qualifying grandparent (me) counts and citizenship for the g-child can be obtained. The common way to do this -- the way my friends have done this for their grandchildren -- is to apply for a B2 visa for the child, apply for a citizenship interview at one of the regional offices of INS, go to the interview with the USC non-qualifying parent (not the qualifying grandparent) on the prearranged date, get the stamp and get the passport. I have never heard of a hitch when all the papers are in order.

The problem here is the type of visa my grandson has. He is a permanent resident. N-600 does not appear to be the right form to fill out for a PR.

<off-topic>I don't know. I wish I could speak to an official, but the embassy where I live (Tel Aviv) is like a fortress: you cannot walk in off the street, there is only a series of recordings when you phone, they tell you to write an email, you write and get an automated answer telling you to see the website and make an appointment for one of a list of subjects. Not surprisingly, my subject is not listed. There doesn't seem to be a place to ask a 'general' question. </off-topic>

Anyway, thanks for trying. Anyone else?

[lucyrich 19]

1] Does my grandson, (who is today 5 y/o) have to wait a full 5 years from immigration to get his citizenship? Isn't it perhaps faster for the child of a USC?

It sounds like your grandson may already be a US Citizen per the child citizenship act. See here for details:

http://travel.state.gov/visa/immigrants/ty...types_1312.html

The requirements for the child to automatically be a US Citizen are:

* Have at least one American citizen parent by birth or naturalization;

father qualifies, right?

* Be under 18 years of age;

you said he's 5 years old

* Live in the legal and physical custody of the American citizen parent;

Did he live with USC father in the US?

and

* Be admitted as an immigrant for lawful permanent residence.

That basically means "have a green card"

I see that I misstated my question above. I should have written, "Isn't it perhaps faster for the GRANDchild of a USC?"

You see, here's the rub: Although my grandson appears to meet all the requirements for USC, it is his father's (my son's) citizenship that is the problem. Although he is a citizen by birth, he does NOT meet the physical presence requirement needed to pass his citizenship on to his children. In these cases, a qualifying grandparent (me) counts and citizenship for the g-child can be obtained. The common way to do this -- the way my friends have done this for their grandchildren -- is to apply for a B2 visa for the child, apply for a citizenship interview at one of the regional offices of INS, go to the interview with the USC non-qualifying parent (not the qualifying grandparent) on the prearranged date, get the stamp and get the passport. I have never heard of a hitch when all the papers are in order.

The problem here is the type of visa my grandson has. He is a permanent resident. N-600 does not appear to be the right form to fill out for a PR.

<off-topic>I don't know. I wish I could speak to an official, but the embassy where I live (Tel Aviv) is like a fortress: you cannot walk in off the street, there is only a series of recordings when you phone, they tell you to write an email, you write and get an automated answer telling you to see the website and make an appointment for one of a list of subjects. Not surprisingly, my subject is not listed. There doesn't seem to be a place to ask a 'general' question. </off-topic>

Anyway, thanks for trying. Anyone else?

There is no way for a US Citizen grandparent to pass citizenship on to a child, (unless the child of the grandparent, and parent of the child, has died within the past five years -- see INA 322)

But note also that there is NO residency requirement for the US Citizen parent to pass citizenship on to the child via the child citizenship act.

There are at least three ways for a USC parent to pass US citizenship to a foreign born child

1. INA 322 - for children living abroad who were not US Citizens at birth. This one has a residency/physical presence requirement for the US Citizen parent

2. INA 301(g) For children born abroad who are citizens at birth. This one has a residency/physical presence requirement for the US Citizen parent

3. INA 320 - otherwise known as the child citizenship act. This one has no residency term or physical presence requirement.

Here's the complete actual text of INA 320. Read it, and tell me which piece of it you think doesn't apply to your grandson's situation:

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

There are no additional requirements beyond those three. Note that the phrase "pursuant to a lawful admission for permanent residence" means "has a green card", or as you describe your son, "is a permanent resident".

If he met those three requirements simultaneously when he was in the US, he's a citizen.

[justy 0]

There is no way for a US Citizen grandparent to pass citizenship on to a child, (unless the child of the grandparent, and parent of the child, has died within the past five years -- see INA 322)

There is, actually. I will look for the reference and let you know, to add to your *very* helpful repertoire of answers for people.

But note also that there is NO residency requirement for the US Citizen parent to pass citizenship on to the child via the child citizenship act.

If this was as simple as it sounds there wouldn't be so many grandparents needing to get all their papers together for their grandchildren. I know 3 sets of grandparents who have done the same as I am attempting, but without the complication of their grandchildren having already been admitted to the US on a green card but having failed to stay the required amount of time. All of them passed on citizenship to their children, none of whom could do the same for their children.

Without knowing the exact legal language (again, I will get back to you with the precise chapter and verse), if you have derivative citizenship -- that is you were born *outside* the US and got citizenship through your parents (my son's case), or you were born in the States but were not physically present for the required time -- then you cannot pass on your citizenship to your children. Think about it.... without some criteria citizenship could be passed on through the generations ad infinitum. There is, however, a provision for passing on your citizenship (mine, in this case) to two generations, my children and my grandchildren. Why, I don't know, but it is good for me. :-)

I am quite aware that this is little known. I am quite aware too, that I must give you all the details, and I will. I now have made contact with the Immigration and Citizenship people in the Jerusalem Consulate who handle this. Will let you know!!!

Thanks again.

Edited May 16, 2009 by justy

[Stella08 0]

I think, as long as your son's family is living overseas, they can't do anything. But if your grandson would enter as an immigrant, he might get citizenship through the Child Citizenship Act:

http://germany.usembassy.gov/acs/claimtocitizenship.html

Child born in wedlock to one citizen parent and one non U.S. citizen parent on or after November 14, 1986:

A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[justy 0]

I think, as long as your son's family is living overseas, they can't do anything. But if your grandson would enter as an immigrant, he might get citizenship through the Child Citizenship Act:

http://germany.usembassy.gov/acs/claimtocitizenship.html

Child born in wedlock to one citizen parent and one non U.S. citizen parent on or after November 14, 1986:

A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks, but the lack of "physical presence" is the problem here, therefore the physical presence of the grandparent. I know it is obscure, but I'll quote it to you all when I find the exact wording. I might be able to help lots of people this way.

[justy 0]

Here is the information I promised about derivative citizenship through grandparent. It is interesting to note that I could not find a reference on the USCIS site, but found many on private immigration lawyers sites. Those, of course are not official and so I shall not quote them here. To find them, google <"expeditious naturalization" grandparent>. I did manage to find specific official reference on the website of the US Embassy in Dublin and that of Mumbai

http://dublin.usembassy.gov/service/passpo...ralization.html

http://mumbai.usconsulate.gov/children_with_no_claim.html

EXPEDITIOUS NATURALIZATION

Child Citizenship Act 2000

Expeditious naturalization through a grandparent

Under the Child Citizenship Act of 2000, a child under age 18 who has a U.S. citizen grandparent who meets the physical presence requirements may qualify for expeditious naturalization under the Immigration and Nationality Act. Although not entitled to U.S. citizenship at birth, the child can, through this procedure, become a U.S. citizen by naturalization without first having to take up residence in the United States. It is, however, necessary for the child to travel to the United States for the naturalization, and all applications and documentation must be submitted and approved beforehand. For information and application material for expeditious naturalization, please write to:

Chief

Naturalization Branch

USCIS Headquarters

425 I Street NW

Room 3214 HQADN

Washington, DC 20536, USA

This procedure must be done through the United States Citizenship and Immigration Services. The process can take from six months to a year or more.

It is an obscure law, not well known, and as you see I do not have chapter and verse, but it is true. I really and truly have friends who have done this for the grandkids. I hope this can help people.

[justy 0]

[justy 0]

The following is from the Association of Americans and Canadians in Israel, as of June 2006. The only thing that has changed is the application fee which is now about double.

U.S. CITIZENSHIP OF CHILDREN BORN OUTSIDE THE U.S.

Updated: June 2006

A child born outside the U.S. to two U.S. citizen parents derives U.S. citizenship at birth and can be so registered at an American Embassy or Consulate, which will issue a Report of Birth of American Abroad, an American Birth Certificate and a U.S. passport.

A child born outside the U.S. to one U.S. citizen parent and one alien parent will derive U.S. citizenship at birth, if the citizen parent had five years of residence in the U.S. of which two years were over age 14, prior to the birth. This can also be registered at an Embassy or Consulate. Citizenship forms must be obtained at a United States Citizen and Immigration Office (U.S.C.I.S.) or from the following website: http://uscis.gov/graphics/formsfee/forms/N-600k.htm

Using the Grandparents’ Physical Presence in the United States

The Immigration and Nationality Act was amended several years ago to provide for “Expeditious Naturalization” for children under 18 who were born abroad to one U.S. citizen. If that parent did not have sufficient residence in the United States, the law permitted the use of residence of a U.S. citizen grandparent to obtain the naturalization. The grandparent can be living or deceased at the time of the application has to have been physically present in the United States for a period totaling 5 years, 2 after the age of 14. If deceased, the grandparent must have been a U.S. citizen before the child’s birth and at the time of his/her death.

Step 1: Application

Complete and File BCIS Form N-600K (Application for Certificate of Citizenship).

Send Form N-600K Supplement A, supporting documents, and the required fee ($255 for application per child) to one of the 51 BCIS Field Offices in the United States (http://uscis.gov/graphics/fieldoffices/alphaa.htm).

Step 2: Wait

BCIS will determine whether your child is eligible and approve the application, then forward you a letter and naturalization appointment date.

Step 3: Apply for a non-Immigrant Visa

After you receive your appointment letter, you should apply for a Non-immigrant Visa for your child. For information on applying for a Non-Immigrant Visa please visit the US Consulate General’s website at: http://jerusalem.usconsulate.gov/jerusalem/how_to_apply.html or the US Embassy’s website at: http://telaviv.usembassy.gov/publish/noniv.htm.

Note: you will need to present the BCIS Approval and Appointment letter to the U.S. Embassy or Consulate General. The U.S. Embassy or Consulate General will issue your child a B-2 visa. This procedure allows parents to make a one-stop visit to the United States for the purposes of naturalizing their child as a U.S. citizen.

Step 4: Appointment

After you receive a Non-Immigrant Visa for your child, you should make travel arrangements for your appointment with BCIS. At the appointment, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, USCIS may waive the oath requirement.

After the hearing, you may apply for a U.S. Passport for your child. Please see www.travel.state.gov for information on applying for a passport. You may apply for a passport before you depart the United States or in Tel Aviv and/or Jerusalem.

Note: For the naturalization benefit to be granted, the application must be filed, adjudicated and approved by BCIS, with the Oath of Allegiance administered before the child’s 18th birthday.

These procedures are all done at offices of the Bureau of Citizenship and Immigration Services, formerly the Immigration and Naturalization Service in the United States (not in the American Embassies or Consulates).

Many thousands of children have been enabled to obtain U.S. Certificates of Citizenship under this law. However, if the American citizen parent had died, the naturalization could not take place even though the grandparent had long-term residence in the United States.

Recently the law was amended to provide that a U.S. citizen grandparent can apply for and obtain the Certificate of Citizenship for the grandchild, if the death of the U.S. citizen parent occurred no more than five years before the application.

All applications together with photocopies of all required documents and the filing fee are submitted by mail to one of the Bureau offices in the U.S. Upon making a favorable determination, they send an appointment letter for the parent and child to appear at their office in the U.S. to receive the Certificate of Citizenship.

There is an alternative procedure for parents only, which is to obtain an immigrant visa for the child from the U.S. Embassy or Consulate. The parent and child then travel to the U.S. to take up residence and upon entry and receipt of a “green card”, the child becomes a U.S. citizen and can apply for a passport. In my opinion, obtaining an immigrant visa is much more complicated then expeditious naturalization and since a trip to the U.S. is required in either case, I see no advantage in applying for the immigrant visa.

Furthermore, in expeditious naturalization the child ends up with a Certificate of Citizenship as well as a passport. In the application for an immigrant visa, he/she ends up with only the passport to document his/her citizenship.

[lucyrich 19]

There is an alternative procedure for parents only, which is to obtain an immigrant visa for the child from the U.S. Embassy or Consulate. The parent and child then travel to the U.S. to take up residence and upon entry and receipt of a “green card”, the child becomes a U.S. citizen and can apply for a passport. In my opinion, obtaining an immigrant visa is much more complicated then expeditious naturalization and since a trip to the U.S. is required in either case, I see no advantage in applying for the immigrant visa.

Note that your grandson has already COMPLETED the procedure described in the above paragraph, and is therefore already a US Citizen. So whether it was harder or more complicated is sort of a moot point now.

[justy 0]

There is an alternative procedure for parents only, which is to obtain an immigrant visa for the child from the U.S. Embassy or Consulate. The parent and child then travel to the U.S. to take up residence and upon entry and receipt of a “green card”, the child becomes a U.S. citizen and can apply for a passport. In my opinion, obtaining an immigrant visa is much more complicated then expeditious naturalization and since a trip to the U.S. is required in either case, I see no advantage in applying for the immigrant visa.

Note that your grandson has already COMPLETED the procedure described in the above paragraph, and is therefore already a US Citizen. So whether it was harder or more complicated is sort of a moot point now.

You are right. I consulted an immigration lawyer who advised me to have my son take my grandson to the nearest US Embassy, fill in the application form, and request a passport. Whew.

Thanks to everyone, and remember, a grandparent *can* pass on citizenship to her/his grandchildren!

Justy