What to File for Young Child? [split topic]

[Bree-momo 22]

Hello everyone, please I need your help and experience. I am a US citizen and i have my 7yrs old son with me. He was brought here when he was 4yrs. Please, what are the necessary forms and documents do i need to file for him. Thanks 

[TBoneTX 43,390]

The above was split from an unrelated thread.

[SusieQQQ 11,585]

4 hours ago, Bree-momo said:

Hello everyone, please I need your help and experience. I am a US citizen and i have my 7yrs old son with me. He was brought here when he was 4yrs. Please, what are the necessary forms and documents do i need to file for him. Thanks 

How was he “brought here”?  What is his current status? The answer to this matters regarding if he has acquired citizenship or not yet, and therefore what papers you need to file.

[Bree-momo 22]

Thank you. He came here on a tourist visa. (B1/B2) which has expired. So currently he has overstayed his visit.

[milimelo 4,236]

Why didn’t you do CRBA for him after birth? Have you been a citizen long enough before birth to pass citizenship to him? 
 

Hard to tell what you need to do when you didn’t give any pertinent details. 

[Bree-momo 22]

I became a US citizen last year. My son was born in Cyprus. He came together with his dad to US as a visitor with visa this was long before i became a citizen but i have his custody cos we are divorced. Now i want to petition for him but don't know exact forms to fill and necessary documents to submit. 

[milimelo 4,236]

Ok so no CRBA claim though he’ll become a citizen after you complete his AOS. The guide you want it adjustment of status from tourist/student/visitor visa. Need I-130 and I-485 plus some other ones. File for his EAD as well so he can get a SSN. 

[Bree-momo 22]

Ok...Thank you. 

[SusieQQQ 11,585]

2 hours ago, Bree-momo said:

Thank you. He came here on a tourist visa. (B1/B2) which has expired. So currently he has overstayed his visit.

Ok, so he has to become a permanent resident before he can be a citizen. You will have to file i130 and i485 for him, to adjust status and become a permanent resident. The overstay doesn’t matter for this as it is an IR category. Once he has a green card, then if he is in your physical and legal custody (you need to have proof of this), he automatically becomes a citizen too. 

[SusieQQQ 11,585]

18 minutes ago, milimelo said:

Ok so no CRBA claim though he’ll become a citizen after you complete his AOS. The guide you want it adjustment of status from tourist/student/visitor visa. Need I-130 and I-485 plus some other ones. File for his EAD as well so he can get a SSN. 

An EAD for a 7 year old? Really?

[Chancy 6,233]

1 hour ago, SusieQQQ said:

An EAD for a 7 year old? Really?

 

But that's the only way he can get SSN in time to be included in parent's 2021 tax filing.

 

[SusieQQQ 11,585]

12 minutes ago, Chancy said:

 

But that's the only way he can get SSN in time to be included in parent's 2021 tax filing.

 

So we’ve gone from wanting the child to be legal to wanting him as a tax benefit? Who mentioned tax?  Child’s been here for 3 years without being a tax benefit, what’s the rush now, 10 months before tax return is due?

 

 

 

Edited July 4, 2021 by SusieQQQ

[Chancy 6,233]

1 minute ago, SusieQQQ said:

So we’ve gone from wanting the child to be legal to wanting him as a tax benefit? Who mentioned tax? 

 

Why wouldn't the OP want her child to get SSN as soon as possible?  And it's not illegal for a parent to claim that tax benefit if they are entitled to it.  That advice to file I-765 for kids under 14 is even included in VJ's K2 AOS tips.