Unusual situation, suggestions

[avhdb 0]

This is the situation.

 

My daughter aged 22 would like to come this summer to stay with me, before she returns to University in the UK this fall.

 

I am American citizen. Her mother holds passports to three countries. GBR, NED & KEN. 

 

My daughter was born in Amsterdam and only holds a Dutch passport. She has in the past frequently traveled to The States. We never registered her birth with the American consulate. But she has an apostilled birth certificate designating me as her father. She attends University in the UK. 

 

My daughter would like at the end of June or early July fly to the United States. 

 

Due i.e. to the rules surrounding Covid there is conflicting information and rules surrounding travel to the United States.

 

Any thoughts or opinions are welcome!

 

Thank you in advance.

 

Av

 

 

 

[igoyougoduke 1,605]

As long as Executive order is in place she will be unable to board unless she is a US citizen. you can apply for her US Citizenship based on you meet residency requirements 

[JFH 12,189]

There are a couple of issues here. 
 

Is she a US citizen? Were you a USC at the time of her birth and did you meet the physical presence requirements to transfer citizenship to her? If so, she is a USC and therefore MUST have a US passport to enter the US. She cannot use her Dutch passport to come here if she is a USC. 
 

The good news is that if she is a USC then the executive order banning arrivals from the Schengen area and the UK does not apply to her as USCs are exempt. But first and foremost she would need her US passport. 
 

If she is a USC she would be advised to read up on the legal obligations of being a USC, especially in regards to tax filing. Sounds like she is still a student so probably not earning enough to be required to file tax returns but as soon as she is earning over the filing threshold she must file federal returns. 
 

If she is not a USC then she currently cannot visit the US from Europe. Although there is an exception for children of USCs it relates to minor children, not adult children. 

Edited June 11, 2020 by JFH

[Cathi 5,610]

Unless she's a US citizen she cannot visit from Europe.

[amvhdb 0]

Hi Everyone, 

 

The person who posted this is actually my father and I am the daughter. I think dismissing anyone that is not a USC is incorrect. In the proclamation it clearly states: 

 

Sec. 2.  Scope of Suspension and Limitation on Entry.

(a)  Section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

(iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

(iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

(v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

 

As it has been declared in (iii) and (iv) that this only applies to anyone under the age of 21 but then is not mentioned for (v), I am confused if this means that the child does not need to be under 21. 

 

It is the age thing where I am unsure if I am allowed to travel. If I was younger I would definitely be allowed to enter the US on the basis of a close family relationship. I have not found any information that suggest clause (v) has an age limit. Please let us know if this is wrong! @JFH you seem sure that this applies to a minor, would you be able to let me know where you found this information.

 

Thanks for any help :) 

[SusieQQQ 11,584]

2 minutes ago, amvhdb said:

Hi Everyone, 

 

The person who posted this is actually my father and I am the daughter. I think dismissing anyone that is not a USC is incorrect. In the proclamation it clearly states: 

 

Sec. 2.  Scope of Suspension and Limitation on Entry.

(a)  Section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

(iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

(iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

(v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

 

As it has been declared in (iii) and (iv) that this only applies to anyone under the age of 21 but then is not mentioned for (v), I am confused if this means that the child does not need to be under 21. 

 

It is the age thing where I am unsure if I am allowed to travel. If I was younger I would definitely be allowed to enter the US on the basis of a close family relationship. I have not found any information that suggest clause (v) has an age limit. Please let us know if this is wrong! @JFH you seem sure that this applies to a minor, would you be able to let me know where you found this information.

 

Thanks for any help

“ child” in US immigration terms usually specifically refers to someone under 21. It’s not clear to me if that applies here or not.

 

Separately, would you want to pursue a claim to US citizenship if you have one?

[JFH 12,189]

1 hour ago, amvhdb said:

Hi Everyone, 

 

The person who posted this is actually my father and I am the daughter. I think dismissing anyone that is not a USC is incorrect. In the proclamation it clearly states: 

 

Sec. 2.  Scope of Suspension and Limitation on Entry.

(a)  Section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

(iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

(iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

(v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

 

As it has been declared in (iii) and (iv) that this only applies to anyone under the age of 21 but then is not mentioned for (v), I am confused if this means that the child does not need to be under 21. 

 

It is the age thing where I am unsure if I am allowed to travel. If I was younger I would definitely be allowed to enter the US on the basis of a close family relationship. I have not found any information that suggest clause (v) has an age limit. Please let us know if this is wrong! @JFH you seem sure that this applies to a minor, would you be able to let me know where you found this information.

 

Thanks for any help

The US government, when it comes to immigration, uses separate terminology for offspring. “Child” means minor, “sons and daughters” is used for adult offspring.

[JFH 12,189]

1 hour ago, Cathi said:

Unless she's a US citizen she cannot visit from Europe.

There are exceptions. But none that apply in this case as an adult child of a USC. 
 

Whether the person is actually a USC already, however, is another matter. 

[amvhdb 0]

2 hours ago, SusieQQQ said:

“ child” in US immigration terms usually specifically refers to someone under 21. It’s not clear to me if that applies here or not.

 

Separately, would you want to pursue a claim to US citizenship if you have one?

No, unfortunately the Dutch do not allow dual citizenship (plenty of people have it but they are either part of an exception or they technically shouldn't have dual nationality)

[SusieQQQ 11,584]

28 minutes ago, amvhdb said:

No, unfortunately the Dutch do not allow dual citizenship (plenty of people have it but they are either part of an exception or they technically shouldn't have dual nationality)

Even if you are just born a citizen of another country? How odd. I can understand not allowing someone to actively pursue another but that seems strangely restricting. What are you meant to do, renounce your claim at one day old?!

 

(Note my question was simply about officially  claiming an existing citizenship.)

 

Edited June 11, 2020 by SusieQQQ

[Mollie09 1,543]

55 minutes ago, amvhdb said:

No, unfortunately the Dutch do not allow dual citizenship (plenty of people have it but they are either part of an exception or they technically shouldn't have dual nationality)

Doesn't your mother?