my son is in the U.S and wants to stay with dad

[EHUTE6 0]

hi all my 14 y.o son is here with me on a vistors visa im a USC (since 2009) and we were both born in Australia !! he want to stay and live and go to school here with me can he do this??? its all good with his mother (born in Australia too) , she is sending his birth certficate, we got divorced 10 years ago and she is sending both marriage and divorces certficates too !! we still have 3 weeks before his flight back to Australia , should we file before he he is set to go or should i file once he goes home (i dont want him to go)and will the process be easier if he stays ??? thx

[Ryan H 3,813]

He will have to leave when his visa expires. If he doesn't, then it's an overstay which will complicate things.

I'm not sure it makes a difference or not if you file now or file after he leaves, but my opinion is that it does not matter.

[JimVaPhuong 4,863]

He will have to leave when his visa expires. If he doesn't, then it's an overstay which will complicate things.

I'm not sure it makes a difference or not if you file now or file after he leaves, but my opinion is that it does not matter.

Wrong. He's an immediate relative of a US citizen. He can adjust status. If his dad has physical and legal custody then he can acquire derivative US citizenship after he adjusts status.

[EHUTE6 0]

so what paper work will i need to file the I-130? THX

[JimVaPhuong 4,863]

so what paper work will i need to file the I-130? THX

I-130 and I-485. There's a VJ guide on this that's geared primarily toward adjustment of status for spouses of US citizens here:

http://www.visajourney.com/content/i130guide2

The process should be more or less the same, though there are some obvious differences. For example, you aren't married to your son so no marriage certificate would be required. I haven't studied the process for adjustment of status for IR2/CR2 class, so you should probably do some more research before filing just to make sure you don't miss anything.

Your son is eligible for derivative citizenship. In fact, he would have obtained US citizenship automatically if he'd entered with an immigrant visa. My understanding is that adjusting his status has the same effect as entering with an immigrant visa, so he might obtain citizenship as soon as his AOS is approved. Again, I haven't studied this, so I'm not sure.

[EHUTE6 0]

I-130 and I-485. There's a VJ guide on this that's geared primarily toward adjustment of status for spouses of US citizens here:

http://www.visajourney.com/content/i130guide2

The process should be more or less the same, though there are some obvious differences. For example, you aren't married to your son so no marriage certificate would be required. I haven't studied the process for adjustment of status for IR2/CR2 class, so you should probably do some more research before filing just to make sure you don't miss anything.

Your son is eligible for derivative citizenship. In fact, he would have obtained US citizenship automatically if he'd entered with an immigrant visa. My understanding is that adjusting his status has the same effect as entering with an immigrant visa, so he might obtain citizenship as soon as his AOS is approved. Again, I haven't studied this, so I'm not sure.

thx for your help im stuck with part 2 of the I-485 i Dont know which application to tick?? A-B-C-D-E-F-G-H !!! thx??

[JimVaPhuong 4,863]

thx for your help im stuck with part 2 of the I-485 i Dont know which application to tick?? A-B-C-D-E-F-G-H !!! thx??

Check box "a". The "immigrant petition" mentioned is the I-130 you'll be filing concurrently with the I-485. Because he's an immediate relative of a US citizen (spouse, child, or parent) a visa number will be immediately available to him.

[sib 7]

Did you have joint custody or does the mother have sole custody?

You need to have custody for the child to derive citizenship!

Here is the information regarding the citizenship.

Biological or Adopted Children Residing in the United States

A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):

At least one parent of the child is a U.S. citizen, whether by birth or naturalization.

The child is under the age of 18 years.

The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.

An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), or (G) of the INA. See the “INA” link to the right.

To qualify as a “child” for purposes of this section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101©(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.

A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. See the “Citizenship and Naturalization Based Forms” link to the right. To obtain a U.S. Passport, see the “Apply for a U.S. Passport, Department of State” link to the right.

Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. To read the CCA, see the “Child Citizenship Act” link to the right. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA. If you believe this may apply to you, please see the “Contact Us” link to the right to call our National Customer Service Center.

You also need some paperwork from the mother stating that it is ok the child stays with you.

Sib

[EHUTE6 0]

Did you have joint custody or does the mother have sole custody?

You need to have custody for the child to derive citizenship!

Here is the information regarding the citizenship.

Biological or Adopted Children Residing in the United States

A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):

At least one parent of the child is a U.S. citizen, whether by birth or naturalization.

The child is under the age of 18 years.

The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.

An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), or (G) of the INA. See the INA link to the right.

To qualify as a child for purposes of this section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the persons birth), must be legitimated while under the age of 16 and while in the legal custody of the legitimating parent. See section 101©(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.

A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. See the Citizenship and Naturalization Based Forms link to the right. To obtain a U.S. Passport, see the Apply for a U.S. Passport, Department of State link to the right.

Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. To read the CCA, see the Child Citizenship Act link to the right. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA. If you believe this may apply to you, please see the Contact Us link to the right to call our National Customer Service Center.

You also need some paperwork from the mother stating that it is ok the child stays with you.

Sib

because it wasnt the intention for him to stay here to live ,we have to get a letter from his mother also we never got an order stating who has custody of him we have joint i 100% sure!!!

Edited March 22, 2011 by EHUTE6

[EHUTE6 0]

because it wasnt the intention for him to stay here to live ,we have to get a letter from his mother also we never got an order stating who has custody of him we have joint i 100% sure!!!

if we decide to send my son back to australia and then file the i-130 soon as he get back to australia how long to his approx till he has an interview ??? are we talking over 1 year ??? he is fourteen and i am a US citizen !! he really want to stay here !!! whats the process soon as i file ????

[Boiler 45,670]

A year would be reasonable, your other question has been answered.