Birth of a child aboard to USC parent vs F1

[PD is Current. 50]

According to this page Birth of USC aboard (official website) if a child is born aboard to a USC, the child should be able to claim USC.

Is the family based F1 visa only for child who's born before the parent becomes USC ?

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Could someone clarify this? Thanks

Edited July 20, 2011 by PD is Current.

[ryna 132]

According to this page Birth of USC aboard (official website) if a child is born aboard to a USC, the child should be able to claim USC.

Then why do we have family based F1 visa :

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Could someone clarify this? Thanks

If the parent became a USC after the child became an adult (18) or if the child didn't legally live with the naturalized USC parent in the US, the child can not claim derivative US citizenship.

Birth abroad to a current USC can claim citizenship provided the USC meets US residency requirements, i.e. lived 5 years in the US after age of 14. At least that's what I understand current law to be...

Edited July 20, 2011 by ryna

[ryna 132]

I was wrong about current residency times. It's 5 years total, 2 after the age of 14.

[Casprd 167]

Not quite. The civil rights act which codifies this says the USC must have been a resident of the US for at least 5 years and 2 of those years must be after the age of 14.

F visas are for students and their spouses or children

F-1 visas are for full-time students.

F-2 visas are for spouses and children of F-1 visa holders.

F-3 visas are for "border commuters" who reside in their country of origin while attending school in the United States

I think you are confusing the Visa type with the priority type. If the child is born before or after the parent(s) have become USC's and assuming the child is not born in the US and they are under the age of 18 then the IR-2 visa is what you are looking for.

the part you copied is for adult children of the USC. Say you have come to the US, become naturalized and now you want to sponsor your adult children and even their spouse and children. The Family Preference Immigrant Visa is what you would apply for and their priority would be F1 and there is a limit of 23,400 of these visas issued each year (with some exceptions).

[PD is Current. 50]

I'm in LPR status and filed F2A for my spouse.

1) If I were to have a child born aboard now, and F2A PD is current before I become USC, I could add the child as a derivative beneficiary to the F2A case, and once the F2A is approved child can come along w/ mom.

2) If I were to have a child born aboard now and I become USC before F2A PD is current, I could upgrade the F2A to IR1 but child cannot be a derivative beneficiary to the F2A case, a separate I130 has to be filed for the child, would there be any wait time for the child I130 to be approved? My goal is to avoid any child-parent separation.

3) If I were to have a child born aboard after I become a USC, the child can claim USC without any immigration hassle.

can someone confirm I have these right?

[Jojo92122 1,924]

I'm in LPR status and filed F2A for my spouse.

1) If I were to have a child born aboard now, and F2A PD is current before I become USC, I could add the child as a derivative beneficiary to the F2A case, and once the F2A is approved child can come along w/ mom.

2) If I were to have a child born aboard now and I become USC before F2A PD is current, I could upgrade the F2A to IR1 but child cannot be a derivative beneficiary to the F2A case, a separate I130 has to be filed for the child, would there be any wait time for the child I130 to be approved? My goal is to avoid any child-parent separation.

3) If I were to have a child born aboard after I become a USC, the child can claim USC without any immigration hassle.

can someone confirm I have these right?

yes. yes. and yes.

[PD is Current. 50]

yes. yes. and yes.

for case 2) a separate I130 has to be filed for the child, would there be any wait time for the child I130 to be approved? Is this going to be IR-2? Would child be able to come with mom at the same time? My goal is to avoid any child-parent separation.

[JimVaPhuong 4,863]

for case 2) a separate I130 has to be filed for the child, would there be any wait time for the child I130 to be approved? Is this going to be IR-2? Would child be able to come with mom at the same time? My goal is to avoid any child-parent separation.

Yes, the wait time would be the normal I-130 processing time. The visa category would be IR2. Mother and child could come at the same time if the mother waits to schedule her interview until after the child's I-130 reaches the consulate.

[Harpa Timsah 13,258]

I'm in LPR status and filed F2A for my spouse.

1) If I were to have a child born aboard now, and F2A PD is current before I become USC, I could add the child as a derivative beneficiary to the F2A case, and once the F2A is approved child can come along w/ mom.

2) If I were to have a child born aboard now and I become USC before F2A PD is current, I could upgrade the F2A to IR1 but child cannot be a derivative beneficiary to the F2A case, a separate I130 has to be filed for the child, would there be any wait time for the child I130 to be approved? My goal is to avoid any child-parent separation.

3) If I were to have a child born aboard after I become a USC, the child can claim USC without any immigration hassle.

can someone confirm I have these right?

#3 is wrong. If you become a USC one day and have a child abroad the next day, your citizenship does not pass to the child. You would have had to be a USC for 5 years to pass citizenship to the child. The child would need am immigrant visa, and then once in the US could apply for citizenship.

[Jojo92122 1,924]

#3 is wrong. If you become a USC one day and have a child abroad the next day, your citizenship does not pass to the child. You would have had to be a USC for 5 years to pass citizenship to the child. The child would need am immigrant visa, and then once in the US could apply for citizenship.

Wrong on almost everything.

If a person becomes a USC one day and have a child abroad the next day, US citizenship could pass to the child.

A person does not have to be a USC for 5 years to pass citizenship to a child. As long as the USC parent meets the physical presence requirement, US citizenship can pass to the child without the parent having been a USC for 5 years. Years spent as an LPR counts towards the physical presence requirement.

The child would not need an immigration visa if the child does not derive US citizenship from a parent. A USC does not need an immigration visa to enter the US.

If the child is not a US citizen and enters the US on an immigrant visa to live with the USC parent, the child automatically derive US citizenship from the US parent under the Child Citizenship Act. The child NEVER apply for US citizenship because it is automatic. The child may want to get evidence of US citizenship by getting a US passport or a Certificate of Citizenship (use Form N-600). The child is not required to obtain either document.

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http://manila.usembassy.gov/service/citizenship/derivative-claim-to-citizenship.html

Transmission Requirement

REQUIREMENTS FOR TRANSMISSION OF US CITIZENSHIP AT BIRTH

For your child to benefit from US citizenship at the time of birth, US nationality law requires that certain conditions must be met. The conditions have been modified by legislation over time, but none of the modifications were made retroactive, hence the variations defined here. Below are the circumstances governing most instances.

Child born to two U.S. citizen parents who are married at the time of birth: A child born outside of the United States or its outlying possessions to two U.S. citizen parents is entitled to citizenship, provided that one of the parents, prior to the birth of the child, had been resident in the United States (the law does not specify a specific length of residence time.)

Child born to an unmarried U.S. Citizen mother: A child born outside of the United States and out of wedlock to a U.S. Citizen mother is entitled to U.S. citizenship, provided the U.S. Citizen mother had been physically present in the United States for a continuous period of at least one year at some time prior to the birth of her child. (NOTE: The law requires that the U.S. citizen mother must have lived continuously for 1 year in the United States or its outlying possessions. The law further states that periods spent overseas with the U.S. government/military or as a government/military dependent, may NOT be computed as physical presence in the U.S.).

Child born in wedlock to one U.S. 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 provided the U.S. citizen parent, prior to the birth of the child, 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.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent on December 24, 1952 until November 13, 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 provided the U.S. Citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for a period of ten years, at least five years of which were after s/he reached the age of fourteen.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent on July 4, 1946 until December 23, 1952: 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 provided the U.S. Citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for a period of ten years, at least five years of which were after s/he reached the age of sixteen.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent on January 13, 1941 until July 3, 1946: 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 provided the U.S. Citizen parent, prior to the birth of the child, had been physically present in the United States or its outlying possessions, any time before the applicant's birth.

Child born in wedlock to one U.S. citizen parent and one non-U.S. Citizen parent before January 13, 1941: 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 provided the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States any time before the applicant's birth.

Child born out of wedlock to a U.S. Citizen father: A child born outside of the United States to a U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship provided the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. Citizen and one non-U.S. Citizen parent, either before or after November 14, 1986

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

Overview

The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

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

Be under 18 years of age;

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

Be admitted as an immigrant for lawful permanent residence.

In addition, if the child is adopted, the adoption must be full and final.

What Is the Effective Date of the Child Citizenship Act?

The effective date of the Child Citizenship Act is February 27, 2001. Children who met these requirements on that date automatically became American citizens. Children who were 18 years of age or older on that date did not acquire American citizenship from the Child Citizenship Act of 2000.

What Happens When the Child is Adopted in the United States?

A child who enters the United States on an IR4 visa (to be adopted in the United States) will acquire American citizenship when the adoption is full and final in the United States.

How Does a Child Show Lawful Permanent Residence?

A child who has lawful permanent residence (LPR status) will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child's passport. This stamp shows the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident.

Must the Child Get a Certificate of Citizenship?

You do not have to apply for a certificate of citizenship for your child. If you want to apply for a certificate, please go to How to Get a Certificate of Citizenship for your Child for instructions.

How Does the Child Get a Passport Under the Child Citizenship Act?

You will need the following when the child applies for a passport:

Proof of the child's relationship to the American citizen parent. For the biological child of the American citizen this will be a certified copy of the foreign birth certificate (and translation if not in English). For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);

The child's foreign passport showing the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) I-551 stamp in the passport, or the child's permanent resident card (green card);

Proof of identity of the American citizen parent(s)

Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions.

Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?

No. Only a child who acquired citizenship at birth can get a birth certificate from an embassy or consulate.

What Are the Other Provisions of the Child Citizenship Act?

Another section of the 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 United States Citizenship and Immigration Service (USCIS) in the Department of Homeland Security 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.

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the United States Citizenship and Immigration Service in the Department of Homeland Security and go through the naturalization process.

[PD is Current. 50]

Yes, the wait time would be the normal I-130 processing time. The visa category would be IR2. Mother and child could come at the same time if the mother waits to schedule her interview until after the child's I-130 reaches the consulate.

THANK YOU!

[evelyn1140 18]

ok I just want to make sure. If I am pregnant and I have my child in anothe country. I am not able to bring him with me ?

I am asking these question because I was planning to get pregnant but have my child in turkey, since my husband is there. Then bring my child with me to the US. I am a US citizen (certification, not born)

[Jojo92122 1,924]

ok I just want to make sure. If I am pregnant and I have my child in anothe country. I am not able to bring him with me ?

I am asking these question because I was planning to get pregnant but have my child in turkey, since my husband is there. Then bring my child with me to the US. I am a US citizen (certification, not born)

You will absolutely be able to bring your child back to the US with you.

Your husband is not a US citizen, so the following derivative citizenship at birth law applies to you;

Child born in wedlock to one U.S. 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 provided the U.S. citizen parent, prior to the birth of the child, 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.

Your time as an LPR counts towards the five years of physical presence in the US.

If you meet the five years physical presence requirement prior to the birth of your child, your child is automatically a US citizen. You would need to file a CRBA and obtain a US passport for your child in order for your child to enter the US. Most US citizens meet the physical presence requirement, so this is the most common situation when one parent is a US citizen prior to the child's birth.

If you do not meet the five years physical presence requirement and your child is not a US citizen, then you will have to contact the US Embassy to ask for expedited processing of an immigration visa for the child as an Immediate Relative. Once the child enters the US on the immigration visa with you, the child automatically derives US citizenship from you under the Child Citizenship Act. While it is not a requirement that you obtain a US passport or Certificate of Citizenship for the child, you would want to get documents to prove the child's US citizenship.