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avemaria1

Born in USA, left as baby, lives abroad: citizenship for grown up children living abroad?

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Filed: Country: Argentina
Timeline

Hi! A mother was born in the USA and has a US Passport and SSN.

She left the USA as a baby and has lived in Argentina ever since but never got the Argentine citizenship.

How can she ask for her adult children (with Argentine citizenship and married) living in Argentina but wanting to live in the USA to become US citizens or get permanent residency?

Can't she do it from the US consulate in Argentina?

I've been told that since she didn't live enough months in the USA, she can't do that and that if she files from the US she can: is that true?

If it is true, can she do it as soon as she arrives or must she demonstrate permanent residence?

Can she go back to Argentina immediately after filing?

Thank you!

Edited by avemaria1

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

she must live in the US, a GC is for reunification, if she lives with you, then there is no reunification

she needs to first return to the US to reestablish domicile, to prove that she hasn't lost her citizenship

then file for you. the petition will take over 7 years if you remain unmarried. she will have find a joint sponsor since she hasn't been working and paying taxes. she will have to tell immigration why she didn't file taxes

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She likely didn't satisfy the physical presence in the US requirement to automatically transmit her US citizenship to her children at birth. This means she would need to petition each child for permanent residency using an I-130, but would need to demonstrate that she intends to re-establish her US domicile. This won't work if she wishes to remain in Argentina but her children want to be in the US, since these types of visas are for family reunification.

Edited by Hypnos

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Poland
Timeline

Hi! A mother was born in the USA and has a US Passport and SSN.

She left the USA as a baby and has lived in Argentina ever since but never got the Argentine citizenship.

How can she ask for her adult children (with Argentine citizenship and married) living in Argentina but wanting to live in the USA to become US citizens or get permanent residency?

Can't she do it from the US consulate in Argentina?

I've been told that since she didn't live enough months in the USA, she can't do that and that if she files from the US she can: is that true?

If it is true, can she do it as soon as she arrives or must she demonstrate permanent residence?

Can she go back to Argentina immediately after filing?

Thank you!

She can do that from within US but

- if kids are over 21 -> 12 year old wait for kids to immigrate

- Did she file US taxes with IRS as she was very much supposed to ?

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Filed: K-1 Visa Country: Wales
Timeline

When does she intend moving back to the US, does not sound like it is now.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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First, the mother has to have established residence in the US to petition her children.

Second, even have she has residence in the US the process to immigrate adult children who are married is over 10 years.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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