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Vetchay

K2 out of status with notice of denial

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Filed: AOS (pnd) Country: El Salvador
Timeline
11 hours ago, Vetchay said:

Im only 14 and sister is turning 5.

The following advice applies more to your sister because I'm guessing you were already 13 years old or older when your mom's 2 year GC was approved:

Remind your mom that she is eligible to file for naturalization 90 days before the 5 year anniversary of when her 2 year GC was approved. If your mother naturalizes before your sister turns 18 and they live together after your sister enters the US with an immigrant visa (but before your sister turns 18), then your sister will automatically become a US citizen because of the Child Citizenship Act of 2000; https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html:

Quote

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

  • At least one of the child’s parents is a U.S. citizen by birth or naturalization;
  • The child is under 18 years of age;
  • The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

If your sister automatically becomes a citizen, she will be eligible for a US passport:

Quote

If the child has not been issued a Certificate of Citizenship by USCIS, the passport application must include the following proof of acquisition of citizenship under the INA Section 320:

  1. Proof of the child's relationship to the U.S. citizen parent. For the biological child of the U.S. citizen this will usually be a certified copy of the foreign birth certificate (and translation if not in English). In circumstances where it is not clear that the birth certificate is adequate proof of a biological relationship between the child and the U.S. citizen parent, other types of evidence, including medical and/or DNA tests, may be requested. For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);
  2. Proof that the child is residing or has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) pursuant to a lawful admission for permanent residence. The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or “green” card will establish lawful admission for permanent residence, but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3). Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested;
  3. Proof that the child is or was under the age of 18 when all conditions are met.

I assume because of USCIS timelines (for the N-400, for example) the above advice will not apply to you. In your case, you will have to file for naturalization on your own 5 years (minus the 90 days) after you enter the US with the immigrant visa; if you want to become a US citizen.

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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