What can i do? son of citizen.

[swede1 0]

Hello,

I have a huge problem. I am currently in the US on a student F1 visa. My father is a born us citizen who left the us when he was 3 years old and concevied me out of wedlock at the age of 18 with my swedish mother. I am 23 years old right now. He doesnt have the required 5 years of physical presence to directly transfer his citizenship to me. If i was to be under 18 i could get i tthrough my grandfather who has the presence, but at the time we were not aware of the procedure.

I need a green card or citizenship, i dont want to wait 7 years for the petition for a green card to go through when if he just had petionied me before i was 21 i would have gotten it within a few months.

We were just not aware of the procedure, he has always been sure that there would be not problem for us obtaining citizenship or atleast a green card.

Is there anyway i can get citizenship or green card wihtout waiting the 6-7 years it takes to get a green card. If we were aware of this we would of course have had the petiotion done earlier.

Please help. tuiotion is to expenseive to me as a international student. I need green card or citizenship before i turn 24 so i can transfer my fathers residency to me and pay in-state tuition.

Please help me or shoot me some ideas.

Thank you so much for reading

[Mellow 8]

Hello,

I have a huge problem. I am currently in the US on a student F1 visa. My father is a born us citizen who left the us when he was 3 years old and concevied me out of wedlock at the age of 18 with my swedish mother. I am 23 years old right now. He doesnt have the required 5 years of physical presence to directly transfer his citizenship to me. If i was to be under 18 i could get i tthrough my grandfather who has the presence, but at the time we were not aware of the procedure.

I need a green card or citizenship, i dont want to wait 7 years for the petition for a green card to go through when if he just had petionied me before i was 21 i would have gotten it within a few months.

We were just not aware of the procedure, he has always been sure that there would be not problem for us obtaining citizenship or atleast a green card.

Is there anyway i can get citizenship or green card wihtout waiting the 6-7 years it takes to get a green card. If we were aware of this we would of course have had the petiotion done earlier.

Please help. tuiotion is to expenseive to me as a international student. I need green card or citizenship before i turn 24 so i can transfer my fathers residency to me and pay in-state tuition.

Please help me or shoot me some ideas.

Thank you so much for reading

You need to consult a good immigration lawyer. Google Atty. Michael Gurfinkel. I'm sure he'll give you the best advice there is.

[aaron2020 11,651]

Hello,

I have a huge problem. I am currently in the US on a student F1 visa. My father is a born us citizen who left the us when he was 3 years old and concevied me out of wedlock at the age of 18 with my swedish mother. I am 23 years old right now. He doesnt have the required 5 years of physical presence to directly transfer his citizenship to me. If i was to be under 18 i could get i tthrough my grandfather who has the presence, but at the time we were not aware of the procedure.

I need a green card or citizenship, i dont want to wait 7 years for the petition for a green card to go through when if he just had petionied me before i was 21 i would have gotten it within a few months.

We were just not aware of the procedure, he has always been sure that there would be not problem for us obtaining citizenship or atleast a green card.

Is there anyway i can get citizenship or green card wihtout waiting the 6-7 years it takes to get a green card. If we were aware of this we would of course have had the petiotion done earlier.

Please help. tuiotion is to expenseive to me as a international student. I need green card or citizenship before i turn 24 so i can transfer my fathers residency to me and pay in-state tuition.

Please help me or shoot me some ideas.

Thank you so much for reading

Sorry about your situation. You cannot claim US citizenship base on your dad because he does not meet the residency requirement. You cannot claim it based on your grandfather because you are over 18 years old.

While a consultation with an immigration lawyer may be informative, there is very little that can be done based on the facts you have presented.

[JimVaPhuong 4,863]

Is your dad in the US now? If so, when did he arrive?

[swede1 0]

You need to consult a good immigration lawyer. Google Atty. Michael Gurfinkel. I'm sure he'll give you the best advice there is.

Do u think he can do something for me?

Is your dad in the US now? If so, when did he arrive?

My father kind of lives both places he has a apartment here and a house in sweden. Hes employed here and in sweden. since maybe 10 years.

Do u think i have any chance?

Is your dad in the US now? If so, when did he arrive?

My father kind of lives both places he has a apartment here and a house in sweden. Hes employed here and in sweden. since maybe 10 years.

Do u think i have any chance?

Sorry about your situation. You cannot claim US citizenship base on your dad because he does not meet the residency requirement. You cannot claim it based on your grandfather because you are over 18 years old.

While a consultation with an immigration lawyer may be informative, there is very little that can be done based on the facts you have presented.

very little, meaning that there is a small chance that something can be done.. Money is not really a problem when it comes to attorneys and such, im willing to spend if i can get the citizenship.. unbeliavable that i didnt do this before i was 18 or atleast before i was 21...

[Mellow 8]

Do u think he can do something for me?

If there's anyone who can help you it's him. Why not try him? Then give us an update of your case. Good luck.

[JimVaPhuong 4,863]

My father kind of lives both places he has a apartment here and a house in sweden. Hes employed here and in sweden. since maybe 10 years.

Do u think i have any chance?

Eventually, yes. Soon, no.

If your dad had been in the US and filed for your adjustment of status before you were 18 then you'd be a US citizen now. That opportunity has been missed, unfortunately.

If your dad submits a petition for you now then he'll need to be domiciled in the US in order to submit an affidavit of support. Family based immigrant visa petitions are intended for US citizens and LPR's living in the US to be reunited with their family. It doesn't accomplish the goal of family reunification to allow someone to immigrate to the US if the US citizen petitioner is going to continue living abroad.

[swede1 0]

Eventually, yes. Soon, no.

If your dad had been in the US and filed for your adjustment of status before you were 18 then you'd be a US citizen now. That opportunity has been missed, unfortunately.

If your dad submits a petition for you now then he'll need to be domiciled in the US in order to submit an affidavit of support. Family based immigrant visa petitions are intended for US citizens and LPR's living in the US to be reunited with their family. It doesn't accomplish the goal of family reunification to allow someone to immigrate to the US if the US citizen petitioner is going to continue living abroad.

So there is nothing i can do, noone to call or write... like i cant get a waiver for the physical presence or something. there has to be something all my family lives ni the US now my brothers everything because they were under 18 and under 21... has to be something.

[swede1 0]

Is my grandfathers tax returns on which my father was claimed as a dependent for the years he was present in the us enough to prove physical presence?

[aaron2020 11,651]

Is my grandfathers tax returns on which my father was claimed as a dependent for the years he was present in the us enough to prove physical presence?

Not really. I can live abroad and maintain a residence in the US. My tax return would show a US residence without me spending a single day physically in the US.

[JimVaPhuong 4,863]

So there is nothing i can do, noone to call or write... like i cant get a waiver for the physical presence or something. there has to be something all my family lives ni the US now my brothers everything because they were under 18 and under 21... has to be something.

There is no waiver for the physical presence requirement. Your dad didn't meet the requirements to pass citizenship on to you at birth, so you have no claim to citizenship by birth to a US citizen parent. There are three other ways to acquire citizenship; birth in the United States, action of law, and naturalization. You weren't born in the US, so that option is out. Action of law requires you to be under 18, be living in the US in the custody of a US citizen parent, and be admitted to the US for immigrant status (e.g., apply for a green card). You missed that chance. Naturalization is only available for someone who has been a permanent resident for the required amount of time; three years if married to a US citizen, or five years otherwise.

There is a path available for you to immigrate, but not by acquiring US citizenship and not by adjusting status within the United States. The US government recognizes your relationship to your family members, but since you are now an adult they don't consider your need to immigrate to be urgent. Your dad can petition for you now - you'd have to wait about 7 years. If any of your brothers is a US citizen then they could petition for you - you'd have to wait about 11 years. Or, maybe you'll meet the "right girl" while you're in the US and get married...

[Boiler 45,657]

Or having qualified get a job with a company on a H1 Visa who will then petition you for a GC.