Bringing other step kids to the US

[Jojo92122 1,924]

Jojo,

Thanks for the post,

In your situation, did the kids come before or after the LPR naturalized? I only ask because your post contradicts whatJustBob posted. I'm trying to figure out which is correct.

Thanks a lot,

Eric

Eric,

Read the plain language of the law. There are four requirements. There is no requirement that the child enter the US as an LPR before the parent naturalizes. The law says that the child automatically becomes a US citizen on the day that all the requirments are met.

Think logically for a minute. The first requirement is a US citizen parent by birth or naturalization. Suppose the US parent does not meet the residency requirement to transmit US citizenship to the child born abroad. That child can only enter the US as an LPR AFTER the parent has US citizenship. Extending JustBob's conclusion would mean this child would not gain US citizenship automatically. Does this make common sense to you?

Read this offical memo from the US Embassy in Georgetown. Do you see any requirement that the child enter the US before the parent naturalized? NO because it is not a requirement that the child enters the US as an LPR before the parent naturalized.

http://georgetown.usembassy.gov/consularpdfs/ask-the-consul/ask-then-consul-77-feb-26-2009-child-citizenship-act.pdf

[Jojo92122 1,924]

Jojo,

Thanks for the post,

In your situation, did the kids come before or after the LPR naturalized? I only ask because your post contradicts whatJustBob posted. I'm trying to figure out which is correct.

Thanks a lot,

Eric

Eric,

It is incredibly hard for me to prove a negative. How can I prove that the fictional requirement that the child must enter the US before the parent naturalized does not exist?

By analogy; I cannot prove that the Easter Bunny does not exist. In much the same way, I cannot prove that the AFTER requirement does not exist. If someone says that the Easter Bunny exists, then prove it.

Why don't you ask JustBob to provide a cite or proof that the requirement actully exists?

[Jojo92122 1,924]

Damn. Took me a freakin' hour to find this corroborating information. The emphasis are mine.

http://www.mainelse.org/ptla/ptlasite/immigrants/english/citizenship.htm

Derivative Citizenship

Some children become U.S. citizens automatically, or "derivatively," through their parents' naturalization. The laws about "derivative citizenship" vary, depending upon the date that the parent(s) naturalized.

On or after February 27, 2001, a child will become a U.S. citizen derivatively as soon as all of the following things happen:

the child is under 18 years old;

the child is or becomes a permanent resident;

a parent of the child is sworn in as a naturalized U.S. citizen after February 27, 2001; and

the child lives with and is in the legal custody of the parent who became the U.S. citizen.

It does not matter in what order these things happen. The child will become a U.S. citizen derivatively through his parent's naturalization as long as all of these requirements are met before the child's 18th birthday. The child could have been living outside the U.S. at the time his parent became a U.S. citizen, as long as he later enters the U.S. as a permanent resident to live with that parent while still under 18 years old. Note that this applies only to children by birth or legal adoption of the U.S. citizen. Step-children through marriage, and children only under legal guardianship of the naturalized U.S. citizen, cannot become U.S. citizens derivatively.

Edited February 25, 2011 by Jojo92122

[Brother Hesekiel 2,235]

JoJo ist correct, and I stand corrected and actually learned something new.

[Jojo92122 1,924]

JoJo ist correct, and I stand corrected and actually learned something new.

Hi Bob,

I was not out to prove you wrong. I just wanted to help. You have been a great asset on this site.

Jojo