Did the interviewing officer lie?

[DenisaH 37]

My sister (us citizen) brought her son (under 18) on B1/2 visa to visit. Since they didn’t meet the requirements for child born abroad he’s not a citizen. While at the interview they were told that he can become a citizen when he comes to the US? What are the options now? 

[Crazy Cat 39,630]

1 hour ago, DenisaH said:

While at the interview

What interview?  When?

[DenisaH 37]

1 minute ago, Crazy Cat said:

What interview?  When?

Tourist visa interview, last week

[Crazy Cat 39,630]

2 minutes ago, DenisaH said:

Tourist visa interview, last week

Thanks.  Calling an expert... @Mike E

[Chancy 6,233]

1 hour ago, DenisaH said:

My sister (us citizen) brought her son (under 18) on B1/2 visa to visit.

 

Where is her son now?  Is he currently in the US on B1/B2 visa?

 

[DenisaH 37]

3 minutes ago, Chancy said:

 

Where is her son now?  Is he currently in the US on B1/B2 visa?

 

Yes, currently in US on B visa

[Chancy 6,233]

6 minutes ago, DenisaH said:

Yes, currently in US on B visa

 

The interviewing officer didn't lie; they just skipped explaining the steps.  Your nephew may automatically become a US citizen if he obtains a green card before he turns 18 years old.  To do so, there are 2 options available to him: adjustment of status (AOS) while in the US, or consular processing outside the US for an IR2 visa.

 

AOS is only available now that he is in the US.  If he leaves before starting the process and getting an AP travel permit, it will not be a legal option for him anymore.

 

Consular processing is an option anytime before he turns 18, but he must return to his home country to complete the process.  It is also available for pursuing a visa after he turns 18, but it will not result in automatic acquisition of US citizenship after 18.

 

[DenisaH 37]

18 minutes ago, Chancy said:

 

The interviewing officer didn't lie; they just skipped explaining the steps.  Your nephew may automatically become a US citizen if he obtains a green card before he turns 18 years old.  To do so, there are 2 options available to him: adjustment of status (AOS) while in the US, or consular processing outside the US for an IR2 visa.

 

AOS is only available now that he is in the US.  If he leaves before starting the process and getting an AP travel permit, it will not be a legal option for him anymore.

 

Consular processing is an option anytime before he turns 18, but he must return to his home country to complete the process.  It is also available for pursuing a visa after he turns 18, but it will not result in automatic acquisition of US citizenship after 18.

 

Thank you!

IR2 looks like the better option.
Don't want to risk them denying it, being suspicious entering on tourist visa just to adjust status

[Chancy 6,233]

5 minutes ago, DenisaH said:

Don't want to risk them denying it, being suspicious entering on tourist visa just to adjust status

 

Your nephew will not be denied for that.  The CBP officer already made a determination about his intent when they let him in.  The issue with AOS is that he will not be able to travel freely until he gets his AP travel permit or US passport.  If getting stuck in the US for many months is not acceptable, then IR2 would be the way to go.

 

[Mike E 11,727]

1 hour ago, DenisaH said:

Yes, currently in US on B visa

 

3 hours ago, DenisaH said:

My sister (us citizen) brought

Does she normally live with her son outside the U.S.?

 

Just how old is the son?

[DenisaH 37]

1 minute ago, Mike E said:

 

Does she normally live with her son outside the U.S.?

 

Just how old is the son?

Hes 4 

They lived together yes 

[Mike E 11,727]

2 minutes ago, DenisaH said:

Hes 4 

They lived together yes 

The advice to do IR2 only works if your sister now plans to live in the U.S.  

 

How did your sister become a U.S. citizen?

[DenisaH 37]

Just now, Mike E said:

The advice to do IR2 only works if your sister now plans to live in the U.S.  

 

How did your sister become a U.S. citizen?

She was born in the US but moved when she was 14. That is why she doesn’t meet the requirements for birth abroad as they require at least 2 years of living in the US after your 14th birthday. 

[Mike E 11,727]

5 minutes ago, DenisaH said:

She was born in the US but moved when she was 14. That is why she doesn’t meet the requirements for birth abroad as they require at least 2 years of living in the US after your 14th birthday. 

So she is lacking the 2 years of physical presence after age 14. Though visiting her in the U.S., she is accruing those days. She should meticulously start counting. Every receipt she has while in the U.S. needs to be saved.

 

1.Were either of her parents U.S. citizens?

 

2. Was her son born in wedlock? 

 

 

 

Edited June 23, 2023 by Mike E

[DenisaH 37]

19 minutes ago, Mike E said:

So she is lacking the 2 years of physical presence after age 14. Though visiting her in the U.S., she is accruing those days. She should meticulously start counting. Every receipt she has while in the U.S. needs to be saved.

 

1.Were either of her parents U.S. citizens?

 

2. Was her son born in wedlock? 

 

 

 

1. Both parents are us citizens now, but at the time of her birth they weren’t.

 

2. Born in wedlock. 
Father of the child is not us citizen & they are now divorced.