Citizenship

[Seowmi 2]

Am about to be sworn in as an American citizen in weeks time . My question Is , i have eight year old daughter with a tourist visa who is currently out of the country can she be a citizen if I bring her to the country before my swearing in ?  Plz any comment is appreciated thanks 

[milimelo 4,165]

No. To become a citizen she would have to have a green card at the time of your naturalization. 

 

~ Also moving to naturalization forum. ~

[Liam2021 548]

-First, after become US citizens, you can file IR2 visa for your daughter( It will took around 12-14 months).

-After your daughter admitted to the States with IR2 visa, she will automatic become US Citizens. You can apply US Passport for your daughter.

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

Edited October 5, 2018 by H&T

[Chiefay 14]

7 minutes ago, Seowmi said:

Am about to be sworn in as an American citizen in weeks time . My question Is , i have eight year old daughter with a tourist visa who is currently out of the country can she be a citizen if I bring her to the country before my swearing in ?  Plz any comment is appreciated thanks 

Yes as soon as you swear in as a U.S citizen any age under 18 years automatically is a citizen while you file I-130 for that person.That person suppose to be here before 18 years and if you already file for that person just updated your status to a us citizen. That person reached 18 years before come here is not qualified for citizen. 

[Seowmi 2]

Thanks 

[SusieQQQ 11,584]

1 hour ago, Chiefay said:

Yes as soon as you swear in as a U.S citizen any age under 18 years automatically is a citizen while you file I-130 for that person.That person suppose to be here before 18 years and if you already file for that person just updated your status to a us citizen. That person reached 18 years before come here is not qualified for citizen. 

Not correct

the child has to have a green card and be residing in physical and legal custody of parent in US to automatically gain citizenship when the parent does, OP said the kid just has a tourist visa, so the kid will not qualify for automatic citizenship. 

Edited October 5, 2018 by SusieQQQ

[Chiefay 14]

5 minutes ago, SusieQQQ said:

Not correct

the child has to have a green card and be residing in physical and legal custody of parent in US to automatically gain citizenship when the parent does, OP said the kid just has a tourist visa, so the kid will not qualify for automatic citizenship. 

Did you read my quote correct? 

[SusieQQQ 11,584]

Just now, Chiefay said:

Did you read my quote correct? 

Yes I did. You said “ as soon as you swear in as a U.S citizen any age under 18 years automatically is a citizen while you file I-130 for that person”. That’s not correct. Just filing an I130 doesn’t give the child any rights. They need to actually be a green card holder - which can take up to 2 years after filing the I130 before it happens - for that. 

[Chiefay 14]

3 minutes ago, SusieQQQ said:

Yes I did. You said “ as soon as you swear in as a U.S citizen any age under 18 years automatically is a citizen while you file I-130 for that person”. That’s not correct. Just filing an I130 doesn’t give the child any rights. They need to actually be a green card holder - which can take up to 2 years after filing the I130 before it happens - for that. 

That's not true I became a us citizen 2014, and I filed i-130 to my 2 children that time they are 17 and 14 years .They came here April 13th 2016,the 14 years was qualified for citizen I did not wait until 2 years before got his citizen.I paid their fees 3 months after, one for green card and one for citizen. The green card was received in 3 weeks and 6 months time USCIS sent me the letter date  and time to go to local USCIS office with my son to swear in as a citizen 

[Chiefay 14]

2 minutes ago, Chiefay said:

That's not true I became a us citizen 2014, and I filed i-130 to my 2 children that time they are 17 and 14 years .They came here April 13th 2016,the 14 years was qualified for citizen I did not wait until 2 years before got his citizen.I paid their fees 3 months after, one for green card and one for citizen. The green card was received in 3 weeks and 6 months time USCIS sent me the letter date  and time to go to local USCIS office with my son to swear in as a citizen 

My 14 years came here when he was 16 years old and if he waited for 2 years before applied  for citizen. Do think he is going to qualified for citizen?,...No.

[SusieQQQ 11,584]

20 minutes ago, Chiefay said:

That's not true I became a us citizen 2014, and I filed i-130 to my 2 children that time they are 17 and 14 years .They came here April 13th 2016,the 14 years was qualified for citizen I did not wait until 2 years before got his citizen.I paid their fees 3 months after, one for green card and one for citizen. The green card was received in 3 weeks and 6 months time USCIS sent me the letter date  and time to go to local USCIS office with my son to swear in as a citizen 

Yes, you even said after the green card not just because you filed the I130.  Maybe you don’t quite understand how it worked but that’s how it worked. OP’s kid has a tourist visa. 

 

By the way in your own timeline above you confirmed it took about 2 years between when you filed i130 in 2014 and when they arrived as LPRs in 2016. Thanks for confirming what I said.  

Edited October 5, 2018 by SusieQQQ

[SusieQQQ 11,584]

16 minutes ago, Chiefay said:

My 14 years came here when he was 16 years old and if he waited for 2 years before applied  for citizen. Do think he is going to qualified for citizen?,...No.

Please read and understand what I wrote. I nowhere said 2 years after arriving. I said 2 years between filing 130 and green card/citizenship, to take processing time etc into account . Maybe a bit less if you file after naturalization. That fits exactly with what you describe happening to your kids.( I don’t know how else to interpret when you say the 14 year old was 16...) 

Edited October 5, 2018 by SusieQQQ

[Chiefay 14]

1 minute ago, SusieQQQ said:

Yes, you even says after the green card not just because you filed the I130. 

I don't know what you talking about,what you saying is not correct.I said I filed i-130 to my children,one qualified for citizen I did not wait for 2 years to apply for citizen him.Waiting for 2 years and he reached his 18 years he can't qualified Citizen. 

[SusieQQQ 11,584]

1 minute ago, Chiefay said:

I don't know what you talking about,what you saying is not correct.I said I filed i-130 to my children,one qualified for citizen I did not wait for 2 years to apply for citizen him.Waiting for 2 years and he reached his 18 years he can't qualified Citizen. 

I’m sorry if you can’t understand my (I think) plain English, but the LAW is clear that the child has to be a LPR to become a citizen.  The child does not become a citizen just because a parent FILES a I130. 

Edited October 5, 2018 by SusieQQQ

[Chiefay 14]

50 minutes ago, SusieQQQ said:

Yes I did. You said “ as soon as you swear in as a U.S citizen any age under 18 years automatically is a citizen while you file I-130 for that person”. That’s not correct. Just filing an I130 doesn’t give the child any rights. They need to actually be a green card holder - which can take up to 2 years after filing the I130 before it happens - for that. 

You said this your last paragraph, they need to actually be a green card holder which can take up to 2 years after filing the i-130 before it happens for that.What you trying to say here?