Minor with Green Card out of the country for more than 1 year without leaving permit

[Maria3456 0]

My son and I entered the US with an immigrant visa, (I am a US citizen) and as he entered the US he received a green card. I left the country in 2017 and did not yet return. 

I am not sure if I should return his GC and apply for N-600K (if possible)

 

Could someone help me?

 

Thank you

[appleblossom 1,442]

1 hour ago, Maria3456 said:

My son and I entered the US with an immigrant visa, (I am a US citizen) and as he entered the US he received a green card. I left the country in 2017 and did not yet return. 

I am not sure if I should return his GC and apply for N-600K (if possible)

 

Could someone help me?

 

Thank you

 

You say 'my son and I entered with an immigrant visa' - were you both entering on IV's, or just him, and when was that? Were you a citizen at the time? You say you left the US in 2017 but what about your son, did he leave then too?

Edited February 28 by appleblossom

[Maria3456 0]

I am a US citizen by naturalization. My son is now 9 years old. I could not pass on the citizenship to him because he was born out of wedlock and even though I lived in the US for more than 5 years I was not physically present for a consecutive 365 days. (we are currently residing in Argentina as his father is NOT a US citizen). We both entered the US in July 2016, I entered with my US passport and my son on an IV. We both left the country in 2017 without a re-entry permit. 

 

He currently holds an Argentine passport with an immigrant visa issued in 2016 and a green card valid por 10 years but he has been out of the country since we left.

 

[milimelo 4,245]

You should've gotten your child US passport after entering on immigrant visa (and not gotten him a green card).

Edited February 28 by milimelo
typo

[Maria3456 0]

First of all, let me tell you that at an appointment at the US Embassy in Argentina, upon issuing the IV, I was informed that my son would become a US citizen as soon as he stepped onto the US.

 

I did not request a GC, the card arrived to the address where I was living.

 

Secondly, I was pregnant at that time, and all of the sudden I had serious health issues with my pregnancy (as I already had a stillbirth at 6 months-old), I left abruptly back to Argentina, where my primary care doctor and the father of my children reside.

 

I was alone with my 2-year-old child (who is 9 now) and pregnant.

 

 

 

[Maria3456 0]

8 minutes ago, milimelo said:

You should've gotten your child US passport after entering on immigrant visa (and not gotten him a green card).

Do you think I should return his GC and apply for N-600K as we reside abroad?

[appleblossom 1,442]

From what you've said, your son became a US citizen the moment he entered the US with you, assuming he was on a IR2 visa and under 18? 

[Maria3456 0]

5 minutes ago, Maria3456 said:

Do you think I should return his GC and apply for N-600K as we reside abroad?

 

15 minutes ago, milimelo said:

You should've gotten your child US passport after entering on immigrant visa (and not gotten him a green card).

Actually, I was reading on After Your Child Enters the United States | USCIS

 

"Depending on your child’s visa classification, USCIS will mail to your child either a permanent resident card, known as a green card, or a Certificate of Citizenship." 

 

[Maria3456 0]

2 minutes ago, appleblossom said:

From what you've said, your son became a US citizen the moment he entered the US with you, assuming he was on a IR2 visa and under 18? 

Exactly, he had an IR2 Visa and 2 years old.

[milimelo 4,245]

13 minutes ago, Maria3456 said:

 

Actually, I was reading on After Your Child Enters the United States | USCIS

 

"Depending on your child’s visa classification, USCIS will mail to your child either a permanent resident card, known as a green card, or a Certificate of Citizenship." 

 

The link is clearly from Adoption part of USCIS - so wouldn't have been applicable to your child. All you had to do was complete the DS-11 form (and gotten his birth father to complete the form as he was absent but consent(ed) to US passport issuance, get it notarized), booked an appointment with either local post office or special issuance agency if you had to return urgently after arrival to the US and gotten the child US passport. 

Green card only comes if you've actively done your part which is paying the USCIS green card issuance fee - not required for minor children who will become citizens after entering the US with immigrant visa. 

[Family 3,550]

Well , as I see it , the opportunity for automatic acquisition  under INA 320 , at entry with IR-2 also required child to RESIDE in the US w U.S.C. parent . That is no longer an option as the entry was short and by the looks of it meant to complete IR-2 process 

 

Now the N-600 K will be under INA 322 , so back to proving physical presence charts ….but none require ‘ continuous physical presence’ as claimed in original post .

 

Not sure if I read facts correctly …so jump in if you see something I missed

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Be admitted to the United States as an immigrant for lawful permanent residence
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
• If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.

If you and your child reside outside the United States, your child may apply for a certificate of citizenship through U.S. Citizenship and Immigration Services (USCIS) under Section 322 of INA 322 and take an oath of naturalization to complete the child's citizenship acquisition. This includes children of U.S. government employees and members of the armed forces who live abroad with parents stationed outside of the United States. To acquire U.S. citizenship under INA 322, you must demonstrate to USCIS your child meets certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents must meet it.
• The child lives abroad in the legal and physical custody of the U.S. citizen parent and is temporarily present in the U.S. pursuant to a lawful admission and is maintaining that lawful status

[appleblossom 1,442]

Just now, Family said:

Well , as I see it , the opportunity for automatic acquisition  under INA 320 , at entry with IR-2 also required child to RESIDE in the US w U.S.C. parent . That is no longer an option as the entry was short and by the looks of it meant to complete IR-2 process 

 

Now the N-600 K will be under INA 322 , so back to proving physical presence charts ….but none require ‘ continuous physical presence’ as claimed in original post .

 

That was exactly what I thought, and I'd never heard of the 'child being born in wedlock' thing either (what century are we in?!?), but seems it may be correct - https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

 

 

[Family 3,550]

52 minutes ago, appleblossom said:

 

That was exactly what I thought, and I'd never heard of the 'child being born in wedlock' thing either (what century are we in?!?), but seems it may be correct - https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

 

 

In Wedlock and Out of Wedlock  birth terms are always used in determining parental relationships…so standard language in RFE s 

 

Carl Shusterman  is a published author and has a great website 

https://www.shusterman.com/citizenship-through-parents/

US CITIZENSHIP CHARTS

• US Citizenship Chart #1 – Acquisition of U.S. Citizenship of Children Born Abroad in Wedlock 
• US Citizenship Chart #2 – Acquisition of U.S. Citizenship of Children Born Abroad Out of Wedlock 
• US Citizenship Chart #3 – Derivative Citizenship of Children 
• US Citizenship Chart #4 – Section 322 Natural or Adoptive Child of a U.S. Citizen