My son is moving with me in the US, I have tons of questions

[Jamelgo 0]

So I am a US Citizen and I also have a Costa Rica Citizenship. 

I have lived outside the US for most of my life lived in the US for a couple of years when I was a kid (younger than 14) and lived in the US when I was 18 for 10 months. Then I moved to Costa Rica. 

 

When I was 21 I became a father out of wedlock but I claimed my son and legitimized him in 2008 when he was born. My son was born in Costa Rica and lived with me until I got a job Offer  in the US and worked there for 3 years alone. Then moved back to Costa Rica and recently moved back to the US and been here for a couple of years. 

 

Anyways my son is going to be 10 years old and he wants to move in with me here in the US. He has a Visitors Visa but I want to get him the US Citizenship. Now I have read a couple of things on the CCA but I have tons of questions. 

 

His mom will bring him here both of them on a Visitors Visa, she will be staying here for a week so I was wondering if she and I can go and ask for a US Passport for my Son. Since all the requirements are met. But I have a question on one if them which is the whole residency, he is coming in with a visitors visa but I will be enrolling him in school and he is coming to stay. But I do not know of his Mon should say that when they come in in order for him to the the i-551? I am not even sure if that is correct. Or if him coming in with a visitors visa would be enough if I say that he is here to stay and will be in school and everything. 

 

My other option was applying with the N-600 but it seems like that will take forever. Plus I am not sure he can go an visit his mom on summer vacations. 

 

The other thing is that he will be coming on December, his visa if for 6 months per trip I believe. And if I enroll him in school he would need to stay at least 8 months until June when classes end. 

 

 

 

 

[broppy 204]

31 minutes ago, ZeroHart said:

Since all the requirements are met.

To which requirements are you referring? From what you've said, it does not appear that you automatically passed your US citizenship to your son; in order to do so, for children born outside the United States,

Quote

One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986: The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.

See https://www.uscis.gov/us-citizenship/citizenship-through-parents

Edited October 17, 2017 by broppy
add link

[geowrian 22,337]

2 hours ago, ZeroHart said:

His mom will bring him here both of them on a Visitors Visa, she will be staying here for a week so I was wondering if she and I can go and ask for a US Passport for my Son. Since all the requirements are met. But I have a question on one if them which is the whole residency, he is coming in with a visitors visa but I will be enrolling him in school and he is coming to stay. But I do not know of his Mon should say that when they come in in order for him to the the i-551? I am not even sure if that is correct. Or if him coming in with a visitors visa would be enough if I say that he is here to stay and will be in school and everything. 

No, because he not a USC yet. He must first obtain residency, which means you need to petition for him to qualify for a CR-2 visa. Upon entry on that immigrant visa, he should become a USC and you can get a US passport or file an N-600 for him.

 

A tourist visa does not grant residency, and neither does just living in the US. 

 

Second,. coming on a tourist visa with intent to stay is clear visa fraud. This is a big no-no. You need to file an I-130 for him and he can obtain a CR-2 visa. He can visit during the process, but he cannot stay.

Edited October 17, 2017 by geowrian

[aleful 1,905]

hi

 

another no no, is he can't go to school here, the tourist visa is for that, travel and tourism, not for coming to school here

 

you will have to file a petition for him, he will have the interview in his country. the petition can take a year

 

so he can come visit you for 2 or 3 months, when he has vacation time, and return to live with his mom in his country. once he gets the visa, he will come permanently. the N600 is optional

 

once he enters the US, he will derive your citizenship. you can get him a US Passport

 

 

[Petulc 28]

Hello!

Please see the following link:

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

 

Once he gets there with his immigrant visa (turns into i-551 upon endorsement), you may apply for his US passport. 

 

Good luck!

 

 

[Jamelgo 0]

1 hour ago, Petulc said:

Hello!

Please see the following link:

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

 

Once he gets there with his immigrant visa (turns into i-551 upon endorsement), you may apply for his US passport. 

 

Good luck!

 

 

Thanks for the Link, 

 

So the reason I just started checking on this is because my kid's mom dropped the bomb on me that she wouldn't  be able to take care of my son. Therefore my reason to bring him ASAP. 

 

Now I thought that he could come in with his B2 visa and while here I could get an adjustment of status for him. Letting him study while the whole thing is being processed, but I really wanted to go the passport route in order for him to be able to visit Costa Rica every now and then on Vacation. 

 

Now as for what I have read my son is a US Citizen from the moment he was born all I need is to validate it with the Government. 

 

Is there any route I can take that won't make him lose a school year. 

 

 

[broppy 204]

17 minutes ago, ZeroHart said:

Now as for what I have read my son is a US Citizen from the moment he was born all I need is to validate it with the Government. 

From the timeline you posted earlier, your son is not a US citizen from birth. You do not appear to have resided in the US for 2 years after your 14th birthday and before the child was born. He may become a US citizen if he legally immigrates as a permanent resident, i.e. you will need to file a petition (I-130) and subsequently apply for an IR-2 visa. It will take around a year to process.

[geowrian 22,337]

36 minutes ago, ZeroHart said:

So the reason I just started checking on this is because my kid's mom dropped the bomb on me that she wouldn't  be able to take care of my son. Therefore my reason to bring him ASAP. 

I understand wanting it to be ASAP. But nothing in immigration ever is...that's just a fact unfortunately.

 

Quote

Now I thought that he could come in with his B2 visa and while here I could get an adjustment of status for him. Letting him study while the whole thing is being processed, but I really wanted to go the passport route in order for him to be able to visit Costa Rica every now and then on Vacation. 

Nope...that's fraud. You cannot enter on a tourist visa with intent to stay / AOS. You also are not permitted to study on a tourist visa.

 

Quote

Now as for what I have read my son is a US Citizen from the moment he was born all I need is to validate it with the Government. 

Nope, unless you have physical presence in the US of 5 years, of which at least 2 are at age 14 or later - at the time of birth of the child. Otherwise, the child is not a USC by birth, but can derive citizenship once becoming a permanent resident in the US and in your care. That's why you need to file the I-130 for him.

 

Edit: Unless the child was born on US soil. But then you should have a US birth certificate anyway.

 

Quote

Is there any route I can take that won't make him lose a school year.

No legal route will be faster than an IR-2 visa. ETA: ~1 year.

Edited October 18, 2017 by geowrian

[Jamelgo 0]

Well I thought there was the route of a I-130 concurrently with a I-485.

 

So he can apply for a green card while doing and adjustment of status. Meanwhile he can study while his green card is processed and once he has a green card he should be able to get his US Passport. 

 

 

[Jamelgo 0]

1 hour ago, geowrian said:

I understand wanting it to be ASAP. But nothing in immigration ever is...that's just a fact unfortunately.

 

Nope...that's fraud. You cannot enter on a tourist visa with intent to stay / AOS. You also are not permitted to study on a tourist visa.

 

Nope, unless you have physical presence in the US of 5 years, of which at least 2 are at age 14 or later - at the time of birth of the child. Otherwise, the child is not a USC by birth, but can derive citizenship once becoming a permanent resident in the US and in your care. That's why you need to file the I-130 for him.

 

Edit: Unless the child was born on US soil. But then you should have a US birth certificate anyway.

 

No legal route will be faster than an IR-2 visa. ETA: ~1 year.

I just read your response on AOS. Thanks anyways I will have to talk to his mom then and see what we will be doing then. 

[Jamelgo 0]

Well thanks to you all, I talked to his mom and let her know that we will need to get him a Visa the IR-2 maybe we are lucky and it is faster than a year. 

 

Anyways thanks for the responses I had no idea that type of visa existed and had no idea how hard and crazy is the whole process. Time flies so I am sure the whole thing will fly by really fast. 

 

I just don't know of I need an I-130 + The Visa. But I am sure the search option will help me here. 

[JFH 12,190]

Since you have dual citizenship there is nothing to stop you moving to Costa Rica to care for him if his mother is unable to. Or you could move there to be with him whilst the visa is processed.