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Adjustment of Status for son Vs Passport (Kinda Wierd)

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Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

I have a quick question.

Has anyone ever heard of a child that is out of status being deported even though his father is a USC. The child came on the VWP.

His father is willing to get the passport. The only problem is the father is no longer in the US.

Would it make more sense to just send the child to the father in order to get the birth certificate , file AOS OR wait till the father comes to the US and just apply for a US passport?

Love any opinions or experience on this kind of thing.

Thanks

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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amykathleen2005 Proficient

amykathleen2005   441

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted (edited)

I don't know much about this situation, but as he is the child of a US citizen than I believe that the child is a US citizen, so there should be no need for AOS. Is the father listed on the birth certificate?

Edited by amykathleen2005

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

I have a quick question.

Has anyone ever heard of a child that is out of status being deported even though his father is a USC. The child came on the VWP.

His father is willing to get the passport. The only problem is the father is no longer in the US.

Would it make more sense to just send the child to the father in order to get the birth certificate , file AOS OR wait till the father comes to the US and just apply for a US passport?

Love any opinions or experience on this kind of thing.

Thanks

Just because the father is a USC does not always mean the child is automatically a USC... If the child has a claim to citizenship, then AOS would not be the right path...

YMMV

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Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
  • Author
Posted

I don't know much about this situation, but as he is the child of a US citizen than I believe that the child is a US citizen, so there should be no need for AOS. Is the father listed on the birth certificate?

Yes. He is listed.

Just because the father is a USC does not always mean the child is automatically a USC... If the child has a claim to citizenship, then AOS would not be the right path...

Yes that's true but does a claim alone prevent UCIS action without paper proof?

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Yes. He is listed.

Is the father natural born or naturalized? If naturalized, was the father a qualifying USC at the time of birth?

YMMV

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Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
  • Author
Posted

Is the father natural born or naturalized? If naturalized, was the father a qualifying USC at the time of birth?

Father is natural born American. Mother is American born etc.

He is a qualifying USC.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

What country does the child hold a passport 'of', currently ?

Can the father get to the country of birth, and then file a Consulate Record of Birth Abroad, followed up by a passport application there, or not?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
  • Author
Posted

What country does the child hold a passport 'of', currently ?

Can the father get to the country of birth, and then file a Consulate Record of Birth Abroad, followed up by a passport application there, or not?

The child is a British Citizen. The father is now a permanent resident of the Uk and can file the Consulate record of birth and passport application BUT the child has to be present at interview.

ALready applied for a British passport for the child here in the US. The British embassy returned the application with a note stating that the child needed to get US passport first!

LIke I said its a weird situation.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

If both parents were native born US citizens then the child may be able to file an N-600 to get a certificate of citizenship. There are some additional requirements, such as one of the parents must have had a residence in the US at the time of the child's birth, and the child must be legitimate or have been legitimated.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
  • Author
Posted

If both parents were native born US citizens then the child may be able to file an N-600 to get a certificate of citizenship. There are some additional requirements, such as one of the parents must have had a residence in the US at the time of the child's birth, and the child must be legitimate or have been legitimated.

Sorry I may have confused. Only the father is a USC. The mother isnt. The child has been acknowledged by the father and is on the birth certificate as the father. The father has taken care of the child.

Let me check about the certificate. I dont think that can be applied for in the US if the child came in on a visa waiver.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Sorry I may have confused. Only the father is a USC. The mother isnt. The child has been acknowledged by the father and is on the birth certificate as the father. The father has taken care of the child.

Let me check about the certificate. I dont think that can be applied for in the US if the child came in on a visa waiver.

I think you are right.... the child must be a resident not a non-immigrant.

YMMV

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

I think you are right.... the child must be a resident not a non-immigrant.

I think that's only if the citizenship claim is "by law" rather than "by birth". A child can claim citizenship by birth if either or both of it's parents was a US citizen at a time it was born abroad, and certain conditions are met. If both parents were US citizens, then one of them must have had a residence in the US. If only one parent is a US citizen then the 5 year residency rule applies for the US citizen parent.

A claim of citizenship "by law" is more common if the qualifying parent naturalized after the child was born.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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