Rescheduling Citizenship Interview

[lucardo3 220]

6 hours ago, NotMoreForms said:

Murphy's law will mean that if your husband does go to the interview the baby will decide to come then (possibly triggered by your stress about it), and if you reschedule the baby will come at a time which would have meant he could have gone.

 

One thing to think about is that the US is one of the few (maybe only) countries which has 2 levels of citizenship.  If your husband was to pass the interview and get a same day oath before the child was born your child would be at the higher level of citizenship.  If your husband is not a citizen at the time of birth your child will be on the lower level of citizenship (at least that is my understanding).  

 There is no such thing as levels of citizenships.

[NotMoreForms 68]

I think one key piece of information that only came out in a later post was that due to COVID the hospital will not let the father come in unless he enters at the same time as the mother.  In this case I think delaying the interview is justified.  You only get one chance to see your child born.  It is a moment to be remembered and cherished.  Everything else takes second place.  I hope the birth goes well for you.  Enjoy the major life event.

[jenni17 36]

2 hours ago, lucardo3 said:

He would be out the door in 30 minutes and come to the hospital even if you are in a labor. Unwise to re-schedule it.

Unfortunately due to Covid restrictions at the hospital if he is not with me when I’m admitted he cannot come in at all. Also, he is the only person I have to drive me to the hospital. I can’t drive myself while in labor and having him be an hour and a half away in another city is also unwise. My doctor has advised that I need to have someone available to drive me at all times in the weeks surrounding the due date.

 

I really wasn’t asking for anyone’s else’s opinion regarding the decision to reschedule because I know that is the best decision for us. I’m asking about the procedure to reschedule and how it works. Having him be there for the birth of our baby is far more important than risking delaying his citizenship application by several months. It’s clearly possible because they say in big bold letters on the interview notice that there is no penalty for rescheduling. 

[jenni17 36]

1 hour ago, NotMoreForms said:

I think one key piece of information that only came out in a later post was that due to COVID the hospital will not let the father come in unless he enters at the same time as the mother.  In this case I think delaying the interview is justified.  You only get one chance to see your child born.  It is a moment to be remembered and cherished.  Everything else takes second place.  I hope the birth goes well for you.  Enjoy the major life event.

Thank you! 

[jenni17 36]

2 hours ago, Sarah&Facundo said:

You have a perfectly reasonable excuse. We missed our Adjustment of Status interview because we were on vacation in my husband's home country and another couple we met on this forum did the same thing. The day we found out about the interview and we knew we wouldn't make it, we called. We received a confirmation number. I called a week later to verify this confirmation and everything checked out. While we were gone (maybe 2-3 weeks before the schedule interview), my mom checked our mail and we had gotten a new date that was set a month later (granted this was pre-Covid so the times may differ now). The exact same scenario happened to another couple. Your husband is an LPR anyway, so delaying citizenship another few months isn't really a big deal. Missing our AOS interview could have been a real problem having just come from the K1 visa, but it all worked out! Good luck and congratulations on the baby!!

Thank you!! This makes me feel so much better! I was planning on calling in a week or so too to check on status of request.

[HRQX 4,145]

7 hours ago, NotMoreForms said:

Well I did research this a while back.  The constitution defines (wording from memory) "natural born citizen"

Nope. The Constitution uses but does not expressly define the phrase "natural born Citizen." Also see United States v. Wong Kim Ark, 169 U.S. 649 (1898) https://tile.loc.gov/storage-services/service/ll/usrep/usrep169/usrep169649/usrep169649.pdf

Quote

A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution, "All person born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

 

7 hours ago, NotMoreForms said:

2) Both parents must be US citizens at the time of birth

That's nonsense. Obama's father was a nonimmigrant student at the time of Obama's birth: https://www.scribd.com/doc/54015762/Barack-Hussein-Obama-Sr-Immigration-File

[SusieQQQ 11,585]

Indeed, I believe the only exception to what HRQX posted above is children born in diplomatic status in the US, because they are not “subject to the jurisdiction thereof”.

[HRQX 4,145]

34 minutes ago, SusieQQQ said:

the only exception to what HRQX posted above is children born in diplomatic status in the US, because they are not “subject to the jurisdiction thereof”.

Yup, you are correct. But in reality it's a disorganized mess: https://cis.org/Report/Birthright-Citizenship-Children-Foreign-Diplomats Some of those children have even gotten US passport and when they try to renew them later in life the renewal is (correctly) rejected. DOS then issues a letter explaining the matter which then requires them to relinquish their documents and immediately stop referencing themselves as U.S. Citizens.

 

This page also has info: https://www.uscis.gov/policy-manual/volume-7-part-o-chapter-3

Edited December 24, 2020 by HRQX

[JeanneAdil 6,244]

On 12/23/2020 at 9:00 AM, NotMoreForms said:

Murphy's law will mean that if your husband does go to the interview the baby will decide to come then (possibly triggered by your stress about it), and if you reschedule the baby will come at a time which would have meant he could have gone.

 

One thing to think about is that the US is one of the few (maybe only) countries which has 2 levels of citizenship.  If your husband was to pass the interview and get a same day oath before the child was born your child would be at the higher level of citizenship.  If your husband is not a citizen at the time of birth your child will be on the lower level of citizenship (at least that is my understanding).  

A natural-born citizen refers to someone who was a U.S. citizen at birth, and did not need to go through a naturalization proceeding later in life.  

there are not 2 levels of citizenship when you are born here.  if this was so all these young kids having babies and no knowledge of who the father is would be lesser citizens (and they aren't)