Kids under 18 with immigration visa automatically become US citizen?

[hashtagme 29]

Hello everyone,

in the embassy we were told that my 2 kids (german, step-kids to my american husband) under 18 will automatically become US Citizen the moment they enter the States with the Immigration Visa. Now, I cant find anything about it online. How does that work? No testing, no oath, no paperwork? Has someone made any experiences with that?

 

Then, the lady in the embassy couldnt answer us the following question:

my third son (step-son to my husband) will turn 18 next July. His Immigration petition was approved and we will have the interview later next year (different reasons). We will leave Germany around November/ October 2019. As said above, the lady mentioned that under 18 any kid with Immigration Visa will become US citizen at the entry through a port of entry in the US. My son was under 18 as we filed for the Visa and will have the interview also before the 18th birthday, he will also get his passport with visa (after approval) before he turns 18. But we will not immigrate into the US before he will turn 18, but after. Will he still become US citizen since the visa was filed and approved before he turned 18? The Lady said thats quite possible but wasnt sure. It doesnt matter to us really, BUT as a german you have to file for keeping the german citizenship before you take on a second one from another country (if you want to keep both). We have strong family ties over here in Germany and want the kids  to have both citizenships. So, do I have to file for him too to keep his german citizenship or will he stay german and not get the american one automatically?

 

Thank you so much for the help

 

[CarlHamilton 252]

I think you're confusing citizenship with permanent resident status.  Citizens don't need immigration visas. 

[hashtagme 29]

Just now, CarlHamilton said:

I think you're confusing citizenship with permanent resident status.  Citizens don't need immigration visas. 

Non of us is US citizen (Except my husband) - we all filed for immigration visas -the lady in the embassy told us kids under 18 with an immigration visa will become citizen right after entering the US 

so i am confused of that’s true and also if the date of the visa counts or the date of entry, a written above 

[mrmvkjts 459]

Your post is a bit confusing to me!

 

Your husband, USC, filed petitions for you and your kids, is that correct? 

They are your kids‘ but not his kids, is that true as well?

 

Because from what I understand from yor post, I think you are confusing citizenship and legal permanent resident status..as somebody already mentioned

[hashtagme 29]

1 minute ago, mrmvkjts said:

Your post is a bit confusing to me!

 

Your husband, USC, filed petitions for you and your kids, is that correct? 

They are your kids‘ but not his kids, is that true as well?

 

Because from what I understand from yor post, I think you are confusing citizenship and legal permanent resident status..as somebody already mentioned

Ok sorry 

I try to be more clear 

 

-I’m german 

-husband is USC

-i have 4 kids, 3 currently under 18, all german

-husband filed petitions for me and the 3 minor kids

-we did direct consular filing in Brussels (that’s where my husband is stationed right now, he’s US Army)

-embassy said once kids under 18 move to the US on immigration visa, they will automatically get US citizenship 

-husband and I both asked twice if it’s correct that they gain CITIZENSHIP. She said yes repeatedly but wasn’t sure if it still applies to the son who turns 18 after getting his visa but before moving to the US

[CarlHamilton 252]

14 minutes ago, hashtagme said:

-embassy said once kids under 18 move to the US on immigration visa, they will automatically get US citizenship 

 

That won't be the case.  They automatically get green cards.  Citizenship comes later (could be automatic if you become a citizen before they turn 18, but that's a different story). 

Edited August 23, 2018 by CarlHamilton

[hashtagme 29]

1 minute ago, CarlHamilton said:

That won't be the case.  They automatically get green cards, then they will be able to apply for citizenship in 5 years. 

See, that’s what I thought too but the lady kept saying for kids under 18 it is an automatic Citizenship. Confused me so much. I guess we will ask again on their interview appointment. 

Thank you!

[mrmvkjts 459]

16 minutes ago, hashtagme said:

Ok sorry 

I try to be more clear 

 

-I’m german 

-husband is USC

-i have 4 kids, 3 currently under 18, all german

-husband filed petitions for me and the 3 minor kids

-we did direct consular filing in Brussels (that’s where my husband is stationed right now, he’s US Army)

-embassy said once kids under 18 move to the US on immigration visa, they will automatically get US citizenship 

-husband and I both asked twice if it’s correct that they gain CITIZENSHIP. She said yes repeatedly but wasn’t sure if it still applies to the son who turns 18 after getting his visa but before moving to the US

No! I‘m sorry but the lady gave you wrong information!

 

They will get greencards as well as you!

 

Once you apply for citizenship they will get it automatically as well as long as they are under 18...but that‘s a long way to go 

 

But once you enter you get greencards not citizenship!

[hashtagme 29]

Just now, mrmvkjts said:

No! I‘m sorry but the lady gave you wrong information!

 

They will get greencards as well as you!

 

Once you apply for citizenship they will get it automatically as well as long as they are under 18...but that‘s a long way to go 

 

But once you enter you get greencards not citizenship!

I read that one parent must be US citizen for them to get it automatically - does the step-dad count as parent? Because he is American. 

[CarlHamilton 252]

1 minute ago, hashtagme said:

I read that one parent must be US citizen for them to get it automatically - does the step-dad count as parent? Because he is American. 

It has to be their natural parent.  And if they qualified for citizenship through a US parent they wouldn't need an immigration visa, they would be issued passports directly. 

[hashtagme 29]

Just now, CarlHamilton said:

It has to be their natural parent.  And if they qualified for citizenship through a US parent they wouldn't need an immigration visa, they would be issued passports directly. 

Ok thank you!

[CarlHamilton 252]

Just now, hashtagme said:

Ok thank you!

I mean, if that official is so sure of what she's saying, ask her to issue them passports. 

[williamAR 17]

IF you check USCIS site and policy manual

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

 

you will see that clearly states the following "A stepchild who has not been adopted does not qualify for citizenship under this provision."  so they have to be adopted formally in your home country or in the US to become citizens. 

[mrmvkjts 459]

I guess you got your answer

[hashtagme 29]

5 minutes ago, williamAR said:

IF you check USCIS site and policy manual

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

 

you will see that clearly states the following "A stepchild who has not been adopted does not qualify for citizenship under this provision."  so they have to be adopted formally in your home country or in the US to become citizens. 

Yes, thank you.