Need guidance (US Citizen Father trying to bring son to USA)

[MelJael 0]

Good evening, 

 

I am trying to help out my family and have questions for guidance. Thanks in advance. US born Citizen father has 20 year old son (soon to be 21 in 8/22) who lives in Tijuana Mexico and wants to bring him to USA. Father and mother are married (15+years). They married after his birth but his birth certificate does have fathers name. Can he apply for automatic citizenship or does he have to apply with an I-130 and a I-485 ? I have also read about an N-400 but I am confused the more I read. He also wants to apply for his wife at the same time. Any guidance is helpful and I appreciate all your help ! 

Thank you 

 

Melissa 

[Mike E 11,740]

1. Did the father become a USA citizen before the son was born?

 

2. Before the son was born, did  the father have at least 5 years of physical presence in the USA, at least 2 of which were  after the father turned age 14?

Edited February 24, 2022 by Mike E

[MelJael 0]

Hi Mike ! 

 

Yes, father is a USA Born Citizen. I believe he can show proof that he was in USA as he was always worked. If that is not the case would if be a different scenario ? 

[Mike E 11,740]

Just now, MelJael said:

Hi Mike ! 

 

Yes, father is a USA Born Citizen. I believe he can show proof that he was in USA as he was always worked. If that is not the case would if be a different scenario ? 

The son should apply for a USA passport at the nearest USA consulate.  

[MelJael 0]

What if no proof of being here before he was born ? Would if be a different way of petitioning for him ? 

[Mike E 11,740]

12 minutes ago, MelJael said:

What if no proof of being here before he was born ? Would if be a different way of petitioning for him ? 

If the father has sufficient physical presence then the son is a USA citizen.  A citizen cannot legally be petitioned to get a green card.  

[arken 4,197]

8 hours ago, MelJael said:

What if no proof of being here before he was born ? Would if be a different way of petitioning for him ? 

If there is absolutely no evidence of the father living in the US prior to his so 's birth, the only way is to petition him via i130. 

[Mike E 11,740]

28 minutes ago, arken said:

If there is absolutely no evidence of the father living in the US prior to his so 's birth, the only way is to petition him via i130. 

If the father knows he has sufficient physical presence, I think filing I-130 is illegal.  

Edited February 24, 2022 by Mike E

[arken 4,197]

37 minutes ago, Mike E said:

If the father knows he has sufficient physical presence, I think filing I-130 is illegal.  

Too bad uscis needs evidence not the knowledge. That's why i said only if the father has absolutely no evidence of required physical presence prior to his son's birth. It's up to the father to provide such.

 

It's like for those kids whose CRBA gets denied due to lack of required physical presence of the parent even if they know they have more than the required physical presence but they don't have enough evidence to prove it.

[Mike E 11,740]

1 minute ago, arken said:

Too bad uscis needs evidence not the knowledge. That's why i said only if the father has absolutely no evidence of required physical presence prior to his son's birth. It's up to the father to provide such.

 

It's like for those kids whose CRBA gets denied due to lack of required physical presence of the parent even if they know they have more than the required physical presence but they don't have enough evidence to prove it.

Perjury is perjury.  Over and out. 

[aaron2020 11,651]

10 hours ago, MelJael said:

Good evening, 

 

I am trying to help out my family and have questions for guidance. Thanks in advance. US born Citizen father has 20 year old son (soon to be 21 in 8/22) who lives in Tijuana Mexico and wants to bring him to USA. Father and mother are married (15+years). They married after his birth but his birth certificate does have fathers name. Can he apply for automatic citizenship or does he have to apply with an I-130 and a I-485 ? I have also read about an N-400 but I am confused the more I read. He also wants to apply for his wife at the same time. Any guidance is helpful and I appreciate all your help ! 

Thank you 

 

Melissa 

It's nice that you are trying to help, but this is not a DIY.  Go get a lawyer.  Do it fast before he turns 21.  20 years has already been wasted.  Don't make it a lifetime.  Go get a lawyer now.  

[arken 4,197]

6 minutes ago, Mike E said:

Perjury is perjury.  Over and out. 

There is no perjury in filing i130. If the CO or the IO (if i485) believes that son is already the citizen, they will deny the visa or i485. But if the father can't prove he has the required physical presence, then the next course is the GC process.

 

There was a post in VJ where a USC father and his LPR wife gave birth while temporarily visiting abroad. USC father knew he had lived in the US long enough and so filed for CRBA with tons of documents but weren't enough for the us embassy and so was denied the CRBA.

 

So they all simply travelled to the US and the child was admitted as an LPR (i551 stamp) as the kid of the GC mother. The child then became the citizen as soon as she was admitted as LPR. Father knew the child was already a citizen but what's the point of the knowledge if one cannot prove it, so they had to go through the LPR to citizenship route.

[aaron2020 11,651]

The son is in TJ.  Why are you guys discussing adjusting status?

[Coco8 1,042]

How long did your father live in the US before your brother was born?

 

Does your mom have a green card? How did she move to the US?

 

He needs to get his status sorted before doing anything for his wife. But he needs to do it ASAP because he is 20 and 21 is a cut-off age for a number of options.

Edited February 24, 2022 by Coco8

[limegreenbowler 45]

There is nothing wrong with the father filing an I-130 now (and I mean right now), even if it's possible that he transmitted citizenship to his son. The son (assuming he is single and stays single) will be protected by CSPA until he gets an immigrant visa if USCIS receives the I-130 before the son turns 21. If this doesn't happen before he turns 21, he moves from the Immediate Relative category to the F1 category, which for Mexico right now is somewhere between 20 years and infinity.

 

After filing the I-130, the family can gather proof of the father's 5/2 presence in the US, and if they have enough, the son can apply for a passport. If the son is determined to be a US citizen from birth, the I-130 will just be allowed to expire--there's no perjury here.