In a pickle - I-130 approval before 21 for child, no known address for question 18

[DaliSS 0]

My mother and I live in Canada. She is a US Citizen, however she has no plans to live in the USA, all of our current family members live in Canada as well. I am currently a 19 year old student and I have plans to move and live permanently in the US to work in the tech industry after finishing my undergrad in Canada when I am around 23 years old. The issue is that to qualify for an immediately available Green Card we must complete the I-130 before I turn 21. The USCIS page on this topic seems fairly straightforward and possible https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen . The main issue I see is with question #18 on form I-130 "Address in the United States where your relative intends to live.", as I am in school in Canada for the next few years there isn't a place I know I will be staying or any family members I know of that I could use their address for. Is it acceptable to put "to be determined" in this field? I have read mixed answers on this, wouldn't want to destroy a $420 submission because they actually need an address.

Another thought is that an approved I-130 petition doesn't necessarily equal a green card until I submit an I-485, correct? So would it be possible to get an I-130 approved, and from what I read, I can call to prevent this approval from expiring as long as I call within a year apart. This way, when I truly am ready to become a permanent resident I will be able to prove domicile when I am older while "locking in" that before 21 approval. Also stated on the link was the Child Status Protection Act which would "freeze" my age in the I-130 from the date it is filed. The main issue I have is what to do with question 18 and the US address. Any help and insights would be greatly appreciated, Thanks

Edited June 15, 2016 by DaliSS

[aleful 1,905]

hi

sorry, if your mom doesn't plan to live in the US, she can't file for you

the whole point of petitioning for you is for family reunification, so you can be with her in the US

at some point she has to prove that she hasn't abandoned US domicile, that is, or will be living in the US

plus you are trying to circumvent the system, the process for a child of a USC is around a year, you don't need the i485, because you will be going through consular processing and have your interview in Canada, you can't just file the i130 as under 21 and then try to pick up the process four or five years later

the freezing of the age is if you are 20 and in the process of the year that you will have until your interview, you turn 21, being a minor under 21 freezes the age and even if you have turned 21, you will be granted the visa

[aleful 1,905]

hi

the i485 is only if you were legally in the US and adjusting status to get the GC in the US, you don't need it because you will be going through consular processing

the i130 will take around 5 months to be approved, then it will be sent to the National Visa Center, where they will start asking for forms, payments and documents until the case is completed and then the interview in Canada

but as said, all this is irrelevant if your mom isn't living or moving to the US

[aleful 1,905]

another thing that you can do if your mom decides to return and then file for you is that you get your GC before you are 21

once you enter, you can file a reentry permit. a lot of young people do this to study abroad, the reentry permit allows you to be out of the country for up to 2 years, then you return and file for a second reentry permit, allowing you again to be out of the country for another 2 years, you can study abroad for up to 4 years without loosing your GC

when your mom can file the i130 for you will depend on when she moves back to the US

since she hasn't been living in the US and probably not been paying taxes, she will need a joint sponsor

[deedeemaria 0]

If your mother is an American, shouldn't you be eligible for American Citizenship by Birth Abroad? I have dual citizenship as my mother is American and I was born in Canada. I lived in the states for many years and, because of this, my son who was born in Canada is also a dual citizen. As you are over 18, you should be able to apply for a Certificate of Citizenship yourself. The info on how to file is here: https://www.uscis.gov/n-600. And here is the FAQ about it: https://www.uscis.gov/forms/n-600-application-certificate-citizenship-frequently-asked-questions. Once you have this form, you have all the rights of an American citizen (as you are legally one if your mother is American) and you can enter the US to live.

[DaliSS 0]

If your mother is an American, shouldn't you be eligible for American Citizenship by Birth Abroad? I have dual citizenship as my mother is American and I was born in Canada. I lived in the states for many years and, because of this, my son who was born in Canada is also a dual citizen. As you are over 18, you should be able to apply for a Certificate of Citizenship yourself. The info on how to file is here: https://www.uscis.gov/n-600. And here is the FAQ about it: https://www.uscis.gov/forms/n-600-application-certificate-citizenship-frequently-asked-questions. Once you have this form, you have all the rights of an American citizen (as you are legally one if your mother is American) and you can enter the US to live.

This is what I initially sought after, but from what I read and also in the FAQ you linked is that I am unable to because I am over 18 now, and I have not permanently lived in the US prior, nor has my mother lived in the US for 5 years within my life.

Under "I do not currently reside in the United States. Am I still eligible for a Certificate of Citizenship"

"Generally, you cannot automatically acquire citizenship after birth through your parent if you have not been lawfully admitted for permanent residence to the U.S. However, a parent or legal guardian may be able to apply for naturalization for you under section 322 of the Immigration and Nationality Act if you are under 18 years of age and temporarily present in the United States pursuant to a lawful admission"

Edited June 15, 2016 by DaliSS

[DaliSS 0]

hi

sorry, if your mom doesn't plan to live in the US, she can't file for you

the whole point of petitioning for you is for family reunification, so you can be with her in the US

at some point she has to prove that she hasn't abandoned US domicile, that is, or will be living in the US

plus you are trying to circumvent the system, the process for a child of a USC is around a year, you don't need the i485, because you will be going through consular processing and have your interview in Canada, you can't just file the i130 as under 21 and then try to pick up the process four or five years later

the freezing of the age is if you are 20 and in the process of the year that you will have until your interview, you turn 21, being a minor under 21 freezes the age and even if you have turned 21, you will be granted the visa

Is there anything that states with the I-130 that my parent has to be physically present and residing in the US in order to file for me? The only requirement I have seen is that my parent has to be a US Citizen, and I would need to be under 21 to have an immediate visa. Compared to me gaining citizenship through her, where she would have actually had to be present in the US for a period of 5 years within my life for me to attain citizenship.

[deedeemaria 0]

Hmm. I think it gets exponentially trickier once you turn 18 but, if your mother is American, you would have been eligible for citizenship at birth. I guess it's just a matter of figuring out the right way to get confirmation of it now that you are over 18. Have you tried to apply for an American passport? In the FAQ, I read this:

I do not currently reside in the United States. Am I still eligible for a Certificate of Citizenship?

Persons who acquired U.S. citizenship and reside abroad should seek evidence of citizenship through a passport application to the Department of State. In most cases, one must be living in the United States to apply for a Certificate of Citizenship

Is there anything that states with the I-130 that my parent has to be physically present and residing in the US in order to file for me? The only requirement I have seen is that my parent has to be a US Citizen, and I would need to be under 21 to have an immediate visa. Compared to me gaining citizenship through her, where she would have actually had to be present in the US for a period of 5 years within my life for me to attain citizenship.

Has your mother always resided in Canada or did she live in the US for a period of time?

[DaliSS 0]

Hmm. I think it gets exponentially trickier once you turn 18 but, if your mother is American, you would have been eligible for citizenship at birth. I guess it's just a matter of figuring out the right way to get confirmation of it now that you are over 18. Have you tried to apply for an American passport? In the FAQ, I read this:

I do not currently reside in the United States. Am I still eligible for a Certificate of Citizenship?

Persons who acquired U.S. citizenship and reside abroad should seek evidence of citizenship through a passport application to the Department of State. In most cases, one must be living in the United States to apply for a Certificate of Citizenship

Has your mother always resided in Canada or did she live in the US for a period of time?

From what I know, she has always resided in Canada, certainly within my life she has not permanently lived in the US. She does hold a US passport as she got citizenship through her mother who lived in the US.

[deedeemaria 0]

From what I know, she has always resided in Canada, certainly within my life she has not permanently lived in the US. She does hold a US passport as she got citizenship through her mother who lived in the US.

Ah. If she's never resided in the states, then you do not qualify for American citizenship at birth. Sorry about the run around, I just assumed that she had lived in the states.

Then, in order to file for the I-130, she would need to reside in the US to sponsor you. The VISA are meant to unite families so the person applying for you to come to the US would need to be living there and they'll also have to show evidence of US employment for the I-864 (or have a joint sponsor in the household).

[DaliSS 0]

Ah. If she's never resided in the states, then you do not qualify for American citizenship at birth. Sorry about the run around, I just assumed that she had lived in the states.

Then, in order to file for the I-130, she would need to reside in the US to sponsor you. The VISA are meant to unite families so the person applying for you to come to the US would need to be living there and they'll also have to show evidence of US employment for the I-864 (or have a joint sponsor in the household).

Oh I see, the petitioner has to also fill out the I-864, which won't work out because she doesn't live or work in the US.

ah, well it won't be impossible for me to work in the US, as my school offers visa programs with employers to help us work down south, I just thought this route would've been easier if it was available.

Thanks for the help